1. SH. AZMAT SAEED, J.---In the instant appeal, the present Appellants filed a suit, inter alia, for maintenance allowance. In the said suit, an order of interim maintenance allowance at the rate of Rs.2,000/per child per month was passed. The private Respondent did not pay the said interim maintenance allowance, hence, the suit was decreed in terms of section 17-A of the West Pakistan Family Courts Act, 1964. Such decree was of Rs.2,000 per month per child with 10% increase. The Appellants/Plaintiffs were dissatisfied with the said quantum of maintenance, hence, they filed an appeal before the learned first Appellate Court. In appeal, the private Respondent was proceeded ex parte. Where after, the appeal was allowed and the maintenance was enhanced to Rs.8,000/- per month per child with 10% increase. In the above backdrop, the private Respondent filed an application for setting aside the ex parte appellate judgment and decree. During pendency of the said application, the private Respondent filed a Writ Petition in the High Court, wherein it was prayed as under:- "Under the circumstances, it is respectfully prayed that proceedings in execution petition filed in pursuant to the ex parte judgment and decree dated 11.9.2012 may kindly be stayed, stopped and set aside, as ex parte judgment/decree dated 11.9.2012 was passed at the back of the petitioner in harsh, exorbitant and excessive and an irrational manner.
2. Any other relief deemed proper be also allowed to the petitioner."
2. The said Writ Petition has been allowed by way of the impugned order.
3. 3.We have heard the learned counsel for the parties and with their assistance perused the available record.
4. 4.Any relief available to the Respondent against application, which was filed. In the above backdrop, the learned High Court could not exercise its Constitutional Jurisdiction, more particularly, when no order at that point of time had been passed on the application seeking setting aside the ex parte appellate judgment and decree.
5. 5.In the above circumstances, the Writ Petition was incompetent; hence, the impugned order is set aside. The application of the Respondent, if any, for setting aside the ex parte appellate judgment and decree, if pending, shall be decided on its own merits. If it is disposed of in view of the impugned order of the learned High Court only then it shall stand revived.
6. 6.Consequently, this Civil Appeal is allowed in the above terms.