Case Details

Citation(s)
2023 SLG 2099 2023 SLD 2099 = 2023 PLD 248
Sindh High Court
Constitution Petition No.D-5714 of 2022, decided on 3rd October, 2022.
Before Ahmed Ali M. Shaikh, C.J. and Yousuf Ali Sayeed, J
Syed Muhammad Yahya for Petitioner.

Mst. RAANA ALWI and another---Petitioners

VERSUS

DISTRICT AND SESSIONS JUDGE, EAST KARACHI and 8 others--Respondents

Law: Succession Act (XXXIX of 1925)

Section: 383 , 384 , 199

Succession Act (XXXIX of 1925)---

----Ss. 383 & 384---Constitution of Pakistan, Art. 199---Constitutional petition--Revocation of Succession certificate---Forum---Dispute was with regard to revocation of succession certificate already issued---Validity---Recourse under S. 383 of Succession Act, 1925, was independent of an appeal which could otherwise be filed under S. 384 of Succession Act, 1925, against the grant or refusal of a certificate---Application for revocation would lie to the Court that made the grant and in the event such application was accepted and certificate was revoked, appeal would then also lie to High Court---High Court declined to interfere in the matter--Constitutional petition was dismissed, in circumstances.

Rukhsana Kausar and another v. Additional District and Sessions Judge, Khanewal and 11 others 2000 CLC 585; Sh. Muhammad Mushtaq and others v. Public-at-large and others PLD 1994 Lah. 373; Najbuddin and others v. Sharfuddin and others 1989 MLD 2203; Petitioners v. Mansoor Ahmed 2000 CLC 585 and Bisesar Sheodayal Soonar v. Jairam Bariyar Soonar AIR 1940 Nagpur 162 distinguished.

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