1. ' SALMAN ANSARI, J.---This Criminal Revision Application under section 439-A, Cr.P.C. Has been filed by the applicants who being aggrieved and dissatisfied with the order of the III Additional Sessions Judge, Malir Karachi, who dismissed the Illegal Dispossession Application No,11/2007, under sections 3/4 of Illegal Dispossession Act, 2005 with the observation that the dispute between the parties was of a civil nature and that a civil suit being pending between the parties under such circumstances dispute appears to be a civil nature hence by order dated 5-9-2007 was dismissed hence this Criminal Revision Application.
2. ' Heard the learned counsel for the applicant who has contended that the police report in respect of the inspection conducted by the S.H.O, Police Station Bin Qasim, Karachi shows that the respondent Muhammad Bux, illegally and forcibly occupied the Plot Nos. 344 and 345 of the applicants Muhammad Arshad Bhatti and Muhammad Aslam Bhatti, hence dismissal of the application by the Sessions Court was without any legal justification and the matter may be remanded for disposal on the merits of the case.
3. ' No one had appeared for the respondent No,1 Muhammad Bux while Ms. Farkhanda Mangi, Advocate appearing for the State.
4. Taking into consideration the averments raised by the learned counsel for the applicants and that they were proper allottees of the plots, the copies of the `Sanad' have been attached and the report' of the S.H.O. Police Station Bin Qasim, that respondent Muhammad Bux has forcibly occupied the said plots, I allow this Criminal Revision Application and remand the matter back to the Sessions Court with directions that the matter may be heard and decided according to the merits of the case which appears to be a case of illegal dispossession. The trial Court is at A liberty to record whatsoever evidence necessary to determine the status of the parties. This exercise should be completed within a period of three months from the receipt of the order. This Criminal Revision Application is disposed of accordingly.