C. Misc. Appeal No.S-07 of 2014

1. For Katcha Peshi

2. For orders on CMA-568/2014

28.08.2017

Mr. Nisar Ahmed Bhambhro Advocate for the appellants.

Mr. Safdar Ali Bhatti Advocate for respondents 1 and 2 along with respondent No.1 Mrs. Antonia.

Mr. Shah Nawaz Bhutto Advocate for respondent No.3.

Mr. Habibur Rahman Shaikh Advocate for respondent No.4.

..............

After making their respective submissions at some length, learned counsel for the parties state that they have no objection if the learned trial Court is directed to decide the dispute between the parties within a specified timeframe in accordance with law. Learned counsel for respondents 1 to 4 states that the appellants have withdrawn about Rs.1,11,21,378.17 from the subject bank account and if they are directed to deposit the said amount with the trial Court or to furnish solvent surety to the extent thereof, they will have no objection if the dispute is decided by the learned trial Court by converting Succession Petition No.69/2013 (Mrs. Antonia and another v. Public at Large and others) into a Suit. Learned counsel for the appellants states that the appellants are ready to furnish surety to the extent of the above mentioned amount before the learned trial Court on or before 16.09.2017.

By consent, the learned trial Court is directed to convert the above mentioned Succession Petition into a Civil Suit and to decide the same within a period of 90 days strictly in accordance with law and after providing opportunity of hearing to the parties. It is clarified that this order shall be subject to furnishing of surety by the appellants to the extent of above mentioned amount on or before 16.09.2017.

It is pointed out by learned counsel for the parties that the trial Court namely IIIrd Additional District Judge Khairpur is lying vacant. Therefore, the learned District Judge Khairpur is directed to either transfer the above mentioned case to his Court or to any other learned Additional District Judge for compliance.

By consent, this Civil Miscellaneous Appeal and listed application are disposed of in the above terms.

JUDGE

N.M.