Abdul Aziz (Petitioner) VS Mst. Sat Bharai & another (Respondent)

IN THE HIGH COURT OF SINDH, CIRCUIT

COURT, HYDERABAD.

C.P No.S-152 of 2020 Petitioner : None for the petitioner.

Date of Order : 01.11.2021

ORDER

ADNAN-UL-KARIM MEMON, J:- Through the instant petition, the petitioner has called in question the judgment and decree dated 24.03.2020 & 25.03.2020 passed by learned District Judge/ MCAC, Tando Muhammad Khan in Family Appeal No.02 of 2020 whereby the learned Judge while modifying the judgment & decree dated 08.02.2020 passed by learned Family Judge-I, Tando Muhammad Khan in Family Suit No.63 of 2019, to the extent of maintenance amount from Rs.5,000/- to Rs.3,000/-. However, the petitioner has now attempted to re-open the case through this constitutional petition under writ jurisdiction.

2.Today no one has bothered to appear in this case to assist this court on the subject issue. No intimation is received. It appears from the record that after filing of this petition, the petitioner has not come forward to even get the matter fixed for hearing, which shows that perhaps the petitioner has lost interest in these proceedings; therefore, I have gone through the record as available before me and do not find merit in the present case. Besides that, there are concurrent findings available against the petitioner, which requires no further indulgence of this Court for the simple reason that the learned Courts below have taken care of every aspect of the case.

3.In view of the findings of both the courts below, this petition is not maintainable, which is accordingly dismissed in limine with no order as to costs.

JUDGE

*Hafiz Fahad*