Mst. Razia Bibi (Petitioner) VS Dilawar Qadir and Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-796 of 2024

Date Order with signature of Judge

Fresh Case:

1.For orders on Misc. No.3791/2024 (U/A)

2.For orders on office objection Nos.1, 2 & 3.

3.For orders on Misc. No.3792/2024 (Exemp. App.)

4.For orders on Misc. No.3793/2024 (Stay)

5.For hearing of main case.

16th February 2024 Syed Muhammad Akbar, advocate for the petitioner.

1.Granted.

2-5. While confronted as to maintainability of instant petition as prima- facie, it appears that petitioner has expressed her grievance on the allegation that the step children have ousted her from the subject premises against which act there are alternate remedies are available to the petitioner including filing of complaint under Illegal Dispossession Act or lodging FIR under Section 448 Cr.P.C. or filing a suit for possession under Section 8 & 9 CPC as the case may be. From perusal of the documents attached with the petition, prima-facie, no document of title in the name of petitioner as such has been annexed except utility bills.

Learned counsel for the petitioner could not satisfy this Court as to maintainability of instant petition, however, submits that petitioner may be provided protection as the respondents issued threats of dire consequences to the petitioner, if she will make an attempt to enter into the house.

In view of hereinabove facts and circumstances of the case, the petitioner may approach the relevant forum(s) including concerned SHO in case of any act of violence and threats, which may attract penal consequences and to seek redressal of the grievance in accordance with law.

Accordingly, petition stands disposed of in the above terms along with listed applications.

CHIEF JUSTICE

JUDGE

Nadeem