ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

S.M.A. No.316/2010

_________________________________________________________________________

Order with signature of Judge

 

For hearing of main application

 

06.04.2011

 

Mr. Ch. Muhammad Latif Saghar, Advocate for the petitioner alongwith petitioner alongwith all the legal heirs and 2 witnesses.

-----------------------

 

Through instant petition, the petitioner being the widow of deceased namely Abdul Qayyum son of Kushi Muhammad, who died in crash of Air Blue Flight No.ED-202, which met an accident on 28.07.2010 at Margala Hill at Islamabad, has requested for issuance of Succession Certificate in respect of an amount of Rs 50,00,000/- (Rupees Five Million) or any further revised amount, as promised by Air Blue vide their letter dated 22.09.2010 annexed with instant petition, as  insurance/death claim of the deceased. The deceased has reportedly left behind 12 legal heirs including the petitioner (widow), sons, daughters and parents of the deceased as mentioned in para 4 of the petition. All the major legal heirs, who are also present in Court, have filed their affidavits of no objection in favour of the petitioner whereas two neighbouring witnesses namely, Qari Muhammad Zaman and Alam Hussain are also present in Court and have filed their affidavits supporting the claim of the petitioner. Application under Order 32 Rule 3 and 4 read with Section 151 CPC for appointment of petitioner as guardian ad-litem of the minor legal heirs has been allowed. Original death certificate and other relevant documents have been annexed alongwith the petition. Publication in daily Jang dated 28.01.2011 has been made, however, no objection whatsoever from any corner has been received. It appears to be a non-contentious matter. There seems no impediment in the grant of instant petition, which is accordingly granted. Office is directed to issue Succession Certificate in favour of the petitioner as per rule.

                                                                                             JUDGE

 

Yasin