| Citation(s) |
|---|
| 2026 SLG 737 2026 SLD 737 = 2026 SHC 227 |
Sindh High Court
C.P No. D-5782 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 12.02.2026. Ms. Amna Usman, Advocate for Petitioners. Mr. Abdul Jalil, A.A.G. Mr. Hameedullah Rind, Mukhtiarkar, Ibrahim Hyderi. M/s. Yar Muhammad Bozdar [DS-I], Mushtaque Ali [SO Legal] and Aktar Ali Mastoi [Law Officer], LU, BOR, SINDH, Mr. Mansoor Ali Panhwar, Advocate for
Respondents. Mr. Hammad Jokhio, Mukhtiarkar, Gothabad Malir. Mr. Waheed Abdul Ghumro, City Surveyor, on behalf of the Director Settlement, Government of Sindh.
C.P No. D-5782 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 12.02.2026. Ms. Amna Usman, Advocate for Petitioners. Mr. Abdul Jalil, A.A.G. Mr. Hameedullah Rind, Mukhtiarkar, Ibrahim Hyderi. M/s. Yar Muhammad Bozdar [DS-I], Mushtaque Ali [SO Legal] and Aktar Ali Mastoi [Law Officer], LU, BOR, SINDH, Mr. Mansoor Ali Panhwar, Advocate for
Respondents. Mr. Hammad Jokhio, Mukhtiarkar, Gothabad Malir. Mr. Waheed Abdul Ghumro, City Surveyor, on behalf of the Director Settlement, Government of Sindh.
(Muhammad Ibrahim & others
VS
Deputy Commissioner Malir & others)
Law: Code of Criminal Procedure, 1898
Section: Order 1, Rule 10(2)
Law: Sindh Public Property (Removal of Encroachment) Act, (XVIII of 2010)
Section: 13,14
Case Summary: The petitioners challenged the Anti-Encroachment Tribunal’s order dated 15.11.2025 in Suit No.07/2024, which dismissed their Intervener Application under Order 1, Rule 10(2), CPC. The petitioners claimed lawful ownership of the disputed land (Survey Nos. 118 & 119, Na-Class 90) as heirs of the late Mr. Hamza, presenting revenue records, grant deeds, and prior litigation history. The Tribunal had proceeded without them, treating the land as public property under the Sindh Public Property (Removal of Encroachment) Act, 2010. The Court held that: Petitioners were prima facie necessary parties since their legal rights and title could be directly affected. Tribunal’s dismissal of the intervener application violated principles of natural justice. Under Order 1, Rule 10(2), CPC, parties whose presence is necessary for effective adjudication must be impleaded. The impugned order was set aside, and petitioners were directed to be impleaded in the suit, with proceedings continuing in accordance with law. Sections Used: Order 1, Rule 10(2), CPC – Power to add necessary or proper parties. Sections 13 & 14, Sindh Public Property (Removal of Encroachment) Act, 2010 – Suit for removal of encroachment and restraining orders. Two-Word Descriptions: Land Ownership Party Impleadment ORDER SHEET Petitioners have filed the instant Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, seeking the following relief: Declare that the Impugned Order dated 15-11-2025 passed by the Learned Tribunal in Suit No. 07 of 2024 is illegal, void, without lawful authority, and of no legal effect. Set aside the Impugned Order dated 15-11-2025 passed by the Learned Anti-Encroachment Tribunal, at Karachi, and direct the Learned Anti-Encroachment Tribunal to implead Petitioners as Defendants in Suit No. 07 of 2024 and hear the matter afresh. Suspend all proceedings in Suit No. 07 of 2024 during the pendency of this Petition. ALTERNATIVELY: Declare that the Subject land (Survey Nos. 118 & 119, Na-Class 90) is private property and that the Learned Anti-Encroachment Tribunal has no…