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2009 YLR 1867

GOVERNMENT OF PAKISTAN through Secretary, Water and Power Department Islamabad and 3 others vs YAR MUHAMMAD and another

Petitioner: GOVERNMENT OF PAKISTAN through Secretary, Water and Power Department Islamabad and 3 others VS Respondent: YAR MUHAMMAD and another

Court: Sindh High Court Decision Date: 2009-05-29

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Khadim Hussain M. Shaikh Title:GOVERNMENT OF PAKISTAN through Secretary, Water and Power

Department Islamabad and 3 others vs YAR MUHAMMAD and another Case No.: Civil Appeal No, S-5 of 2001 and M.A. No, 139 of 2007 Date of Judgment:2009-05-29 Reported As: 2009 YLR 1867 Result: Appeal transferred Judgment ORDER ' KHADIM HUSSAIN M. SHAIKH, J.-This appeal is directed against the judgment and decree dated 26- 2-2001, passed by the learned Court of Senior Civil Judge, Kandhkot in F.C Suit No,127/1995 Yar Muhammad and others v. The Government of Pakistan and others whereby the suit was decreed. Record reflects that this appeal was filed on 24-4-2001. 2. Learned Advocate for the appellant contends that this appeal was filed before this Court as the matter was beyond the pecuniary jurisdiction of the District Judge and that now the pecuniary jurisdiction of the District Court is unlimited, therefore, he prays for transfer of this appeal to the learned Court of District Judge, Kashmore at Kandhkot. 3. By virtue of Sindh CtVil Court (Amendment) Ordinance, 2002, promulgated on 17-9-2002, the District Judges in Sindh (except) Karachi have been vested with the powers of appellate jurisdiction against the decree or order passed by the Civil Judges without any pecuniary limitation. 4 In view of the above, this appeal stands transferred to the learned Court of District Judge, Kashmore at Kandhkot for its disposal according to la. Appeal transferred.

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