Law: Muslim Family Laws Ordinance, 1961

Section: 4

Law: Constitution of Pakistan, 1962

Section: 203-D(2)(B)

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----S. 4--Children of predeceased son--Right to inherit--Preliminary decree--Family registration certificate--Question of whether widows of pre-deceased children of propositus could be extended benefit under Section 4 of MFLO by granting them rights of inheritance from estate of parents of their pre-deceased spouses--Intention to protection of litigation--Deprivation of respondents--Direction to--No order had been passed by this Court for requisitioning record of trial Court--Only a preliminary decree was passed--This implies that suit is still pending and commission is supposed to discharge its obligations in accordance with directions issued by trial Court in preliminary decree--Requisitioning of record without a specific order by this Court for doing so unnecessarily protracted proceedings before trial Court--Desire of appellants for fresh issues to be framed by trial Court is indicative of their intention to protract litigation with Respondents No. 1 and 2 and also to deprive respondents of possession of their respective shares in suit house--It is obligation of Court to impose exemplary costs on parties who deprive persons of their due rights of inheritance in property--Appeal dismissed. Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----S. 4--Right to inherit--Only orphaned grandchildren had been granted right to inherit from their grandparents. Constitution of Pakistan, 1973-- ----Art. 203-D(2)(b)--Decision of Federal Shariat Court--A decision of a Federal Shariat Court declaring a law or any provision thereof to be repugnant to injunctions of Islam does not take effect before disposal of an appeal preferred before Hon’ble Supreme Court against decision. JUDGMENT Through the instant regular first appeal, the appellants, Mst. Shehnaz Akhtar (Defendant No. 1) and her son Junaid Tariq (Defendant No. 2), impugn the judgment and preliminary decree dated 30.06.2021 passed by the Court of the learned Civil Judge, West-Islamabad, whereby the suit for declaration, partition, rendition of accounts, recovery of mesne profits, and permanent injunction instituted by Respondents No. 1 and 2 was partially decreed…

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