ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Transfer Appln. No. S-11 of 2024

Date	Order with signature of Judge

1. For order on office objection.

2. For orders on C.M.A. No. 711/2025

3. For orders on C.M.A. No. 712/2023

4. For orders on C.M.A. No. 713/2023

5. For hearing of main case.

21-01-2025

Mr. Riaz Hussain Mirani, advocate for the applicant

Mr. Suhendar Kumar Gemnani, advocate for respondents No.2 and 3

Mr. Oshaq Ali Sangi, Assistant Attorney General for Pakistan along with Safdar Kamal, Law Officer, NADRA RHQ, Sukkur.

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          This is an application seeking transfer of a Succession Petition No. 18 of 2024, pending adjudication before the learned District Judge, Kambar-Shahdadkot @ Kambar to a court in District East, Karachi.

2.       The learned counsel for the applicant has argued that there is a serious threat to the safety of the applicant if she comes to Larkana for the hearings. Apart from this, the counsel has also argued that the jurisdiction to hear the Succession Petition lies with a court in Karachi as the immovable property to which the Petition relates is situated in Karachi.

3.       As regards the first ground, no cogent or satisfactory evidence (apart from a letter written by the Applicant to several SSP’s, all on the same date), has been brought forward by the learned counsel. I am not satisfied with the genuineness of the ground raised. No tribal enmity is alleged. Be that as it may, in the event the Petitioner requires security for the purpose of attending a court hearing, which in any case is being handled by a capable counsel from Larkana, she can approach the concerned S.S.P. with her apprehensions so that the S.S.P. can make adequate arrangements for her to attend the court on that particular date. 

4.       As regards the second argument regarding jurisdiction, the first port of call to decide the issue would be the learned trial court itself. The Petitioner is at liberty to make such an application, if so advised.

5.       Application stands dismissed along with all pending applications.

JUDGE