ORDER SHEET
SMA No.148 of 1996
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Order with signature of Judge
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For orders on CMA No.452/2009
20.05.2009.
M/s. Bilal Hussain and Abdul Wajid Wyne, advocates for the Petitioner.
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This application being CMA No.452/2009 under Section 151 CPC has been filed for withdrawal of surety furnished by the Petitioner in consonance with the order dated 15.05.2006.
All the legal heirs of the deceased have filed their affidavits of no objection. It is revealed from the Nazir’s report that the documents are still lying with him.
It transpired form the order of disposal of the main application, succession certificate was issued in favour of the Petitioner upon deposit of title documents of the Apartment bearing No.A-26, 1st Floor, Sub-Plot No.G-8/A, In Plot No.G.C.8, Block No.7, KDA Scheme No.5, Clifton, Karachi.
Insofar as the letters of administration is concerned regarding immoveable properties, Nazir was appointed to apply to the various authorities for issuance of duplicate title deeds of immoveable properties and thereafter to have them mutated in favour of all the legal heirs according to their shares.
In any view of the matter, surety was furnished in respect of succession certificate granted in favour of Petitioner. The record reveals that the shares have been distributed amongst all the legal heirs of the Deceased Mst. Nazir Begum (Mrs. Said Hasan), therefore, surety furnished by the Petitioner is directed to be returned to her upon proper identification and verification by the Nazir.
CMA No.452/2009 stands disposed of in the above terms.
JUDGE
MUBASHIR