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K.L.R. 2007 Civil Cases 318

Juma Khan And 5 Other vs Mst Hanifa And 14 Other

CitationK.L.R. 2007 Civil Cases 318
CourtSindh High Court
Case No.Constitutional Petition No.. D-368 of 2006
Date2006-05-23
Judge(s)Sarmad Jalal Osmany, Muhammad Ather Saeed
ResultOrder accordingly

ORDER

1. SARMAD JALAL OSMANY, J. - Allowed 2 to 6. . Respondent Muhammad Ibrahim has filed affidavit to the effect that although he had received the notice for hearing on 28.4.2006 from District Officer, vide letter dated 23.4.2006, he had fallen ill on 26.4.2006 and was advised by the doctor for complete bed rest hence he was unable to attend the Court on 28.4.2006. He has apologized for any inconvenience caused to this Court due to his absence and undertaken that in future he shall be more careful as regards Court hearings.

2. We have perused affidavit filed by Muhammad Ibrahim alongwith medical certificate filed by him.

3. In the facts and circumstances of the case we would take a lenient view of his absence on 28.4.2006. He is warned to be more careful about attending the Court in future and if he was unable to come he could at least depute someone to inform the Court about his illness.

4. Misc. Application No. 1788/2006 has been filed by the petitioner praying that the parties have patched up their differences outside the Court therefore, this petition be disposed of accordingly.

5. Misc. Application No. 2323/2006 has been signed by the petitioner. Signatures have been verified by the learned counsel appearing, in Court. Similar, signatures/thumb impression has also verified by the petitioner.

6. Mr. Manzoor Ahmad also says that in fact such -encroachments were removed which was contracted on the said footpath. He also prays that the petition be disposed of in terms of the application.^ Learned Additional Advocate- General has also concurred.

7. We have heard the learned counsel for petitioner, learned AAG and other learned counsel, In the facts and circumstances of the case we would dispose of this petition interims of this Misc.

8. Application No. 2323/2006, which is allowed. Other pending applications are also disposed of.

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