1. ' AMER RAZA NAQVI, J.---This constitutional petition, is directed against judgment, dated 13-3-2009 passed by learned 2nd Additional District Judge, Khairpur in Family Appeal No,1/2009 whereby he has dismissed the said appeal which was filed by the petitioner against the judgment, dated 23-1- 2009 passed by learned 2nd Civil and Family Judge, Gambat in suit filed by respondent No,1 for Jactitation of Marriage. In the said suit, plaintiff had prayed that her alleged marriage with the petitioner be declared false, as such her suit was decreed.
2. ' There are concurrent findings of Courts below, and I do not agree with the learned counsel for the petitioner that Courts below failed to discuss the evidence adduced in the family suit by the parties. Learned counsel states that the Nikah Registrar was examined in Court, who has supported the version of the petitioner. Both the Courts below for cogent reasons did not believe the statement of Nikah Registrar. No other point has been urged during hearing of this constitutional petition by the learned counsel for the petitioner.
3. ' Besides above facts and circumstances, relief claimed cannot be granted in constitutional petition which is a discretionary relief and can only be granted in appropriate cases for the ends of Justice. I did not find this matter in which constitutional petition is maintainable. Admittedly the alleged Nikahanama was executed on 12-7-2004 and even after lapse of five years the controversy is still going-on.
4. ' In view of above facts and circumstances, I hold that this constitutional petition is not maintainable and is dismissed in limine with cost of Rs,5000 against the petitioner.