ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

S.M.A. No.257 of 2016

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DATE                 ORDER WITH SIGNATURES OF JUDGE(S)

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For hearing of CMA 1126/18

Dated: 17.09.2018

Mr. Muhammad Shahzad for petitioner.

Mr. Muhammad Yousuf, Head of Litigation HBL.

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Petitioner through the instant application seeks issuance of Letter of Administration on personal bond. The representative of Habib Bank Limited is present and affirms that the original title documents of the property bearing House No.23/B, Survey No.35/P/1, Block-6, PECHS, Karachi, are available with the Bank which in fact has filed a suit under the Banking Laws where the said property is also under litigation. Learned counsel for the petitioner relies upon the case reported in 1996 MLD 873 where this Court was pleased to allow issuance of Letters of Administration solely on execution of personal bond by the petitioner. The instant application is accordingly allowed and office is directed to issue Letter of Administration and Succession Certificate, however the petitioner and other legal heirs shall not create any third party interest in respect of the subject property, subject to the outcome of the suit pending before the Banking Court or at any other fora.

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