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2007 YLR 1550

ASHFAQ AHMAD vs JUDGE, FAMILY COURT OKARA and another

Petitioner: ASHFAQ AHMAD VS Respondent: JUDGE, FAMILY COURT OKARA and another

Court: Lahore High Court Decision Date: 2007-02-14

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja Title: ASHFAQ AHMAD vs JUDGE, FAMILY COURT OKARA and another Case No.: Writ Petition No.1300 of 2007 Date of Judgment:2007-02-14 Reported As: 2007 YLR 1550 Result: Petition dismissed

Judgment ORDER JAWWAD. S. KHAWAJA, J.---The respondent-plaintiff Naseem Akhtar has filed a suit for recovery of maintenance allowance and dower amount against the petitioner-defendant Ashfaq Ahmad, which is pending adjudication. The petitioner did not file his written statement, whereupon the learned Family Court, vide order dated 3-10-2006, closed his right to file a written statement. The petitioner, impugns this order. It is not for this Court while exercising writ jurisdiction to interfere in interlocutory orders and to micromanage proceedings in a pending trial. Needless to say, if the suit is decided against the petitioner and the petitioner chooses to file an appeal, it will be open to him to assail the order dated 3-10-2006 in his appeal. The appellate jurisdiction, being wider in scope than writ jurisdiction, in the circumstances, provides an adequate remedy to the petitioner-defendant. 2. In view of the above discussion, IB this petition is dismissed.

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