ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Civil Transfer App. No. S – 10 of 2021

Date of hearing

Order with signature of Judge

Fresh case

1. For orders on CMA No.630/2021 (U/A)

2. For orders on office objection at Flag-A

3. For orders on CMA No.631/2021 (Ex.)

4. For orders on CMA No.632/2021 (U/S 7 Sindh Chief Court Rules)

5. For hearing of main case

13-08-2021

Mr. Abdul Ghaffar Shar, Advocate for applicant.

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1. Urgency is granted.

2 to 5. This Civil Transfer Application has been filed by the applicant requesting transfer of SMA No. 300/2019 from the Court of Additional District Judge-III, Khairpur to the Court of District Judge, Malir Karachi.

Learned Counsel submits that the applicant is a legal heir of deceased Imtiaz Hussain being his wife and has filed SMA No. 14/2020 before the Court of District Judge, Malir, whereas, the respondent has filed SMA No. 300/2019 before the Court of Additional District Judge-III, Khairpur. He further submits that since the applicant resides in Karachi, therefore, the Succession Petition be transferred from Khairpur to Malir Karachi.

I have heard the learned Counsel and perused the record. It may be observed that the legal heirs of deceased Imtiaz Hussain have filed the Succession Petition prior to the Succession Petition filed by the present applicant at Karachi, whereas, admittedly she approached the Court at Khairpur to become a party under Order I Rule 10 CPC, which stands dismissed, and against which Civil Revision Application No. 171/2020 is pending before this Court. Moreover, earlier the applicant had also filed Civil Transfer Application No. S-07/2021, before this Bench, which stands dismissed vide order dated 15-04-2021, and despite this, once again this Transfer Application has been filed, which apparently, appears to be misconceived and is an effort to abuse the process of Court. It further appears that after passing of this order, this Civil Transfer Application had been filed at the Principal Seat, but was transferred to this Court by the Hon’ble Chief Justice. In the circumstances, no case for entertaining this Transfer Application is made out, whereas, the applicant is at liberty to either pursue her case pending before this Court in the Civil Revision; or seek appropriate remedy by filing objections in pending SMA at Khairpur, as the case may be.

This Civil Transfer Application, being misconceived, is hereby dismissed in limine with pending applications.

J U D G E

Abdul Basit