' After hearing the matter at some length, learned counsel for the parties agreed that the impugned judgment be set aside and the case be remanded to respondent No.2 for re-hearing the matter after notice to the applicant Mst. Siyani and to the legal heirs of respondent No.1 who have been brought on record of this Court.
2. I, therefore, by consent of the parties set aside the Judgment and decree passed by the two Courts below and direct respondent A No.2, the Director of Settlement, Survey and Land Records of Sind at Hyderabad to re-hear the matter, as the order, dated 10th May, 1966 in No. C S E/3502/66 relating to discrepancy in sub-division and assigning petty Survey Nos. to C.S.No.2091 and 2094 of Ward 'B' Larkana Town was passed by him without giving a proper and legal notice to respondent No.1, then alive, who is now represented by his legal representatives as under:- "(a) Bano Begum (alias Banu) - Widow.
(b) Aisha Khatoon wife of Masud Hussain Khan. - Daughter.
(c) Farzana Begum wife of Rafiq Hussain Siddiqui. - Daughter.
(d) Faroghi Nishat Begum alias Rahana wife of Mahmood Nabi Khan. - Daughter.
(e) Memoona Begum wife of Yakoobali Khan. - Sister.
All Muslims, adults, residents of 1624/A-1, Mola Abad, Larkana."
3. To obviate the necessity for the issuance of formal notices to the concerned parties namely Mst.
Siyani, the applicant and Mst. Bano Begum and others, the legal heirs of respondent No.1, I direct the parties through Mr. Abul Fattah Memon learned counsel for the applicant and Mr. Nasrullah Awan learned counsel for respondent No.1 i.e. the legal representatives of late Jamaluddin, to appear before the Director of Settlement, Survey and Land Records for Sind at Hyderabad on 24th June, 1985.
4. This judgment is without prejudice to the respective contentions of the parties raised in the suit or to be raised before respondent No.1, as permissible in law. The parties will also be at liberty to produce any evidence, documentary or oral, in support of their respective contentions. It will, however be open to any party feeling aggrieved by the order that may ultimately be passed by respondent No.2, as aforesaid to seek its remedy as provided by law.
5. The parties shall bear their own costs.
6. The office will communicate a copy of this order to respondent No. 2 abovenamed, well in advance.