IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.377 OF 2022

[Nawab Muhammad Meer Aali Khan Bugti]

PRESENT:

            Mr. Justice Arshad Hussain Khan

Mr. Justice Amjad Ali Sahito        .

19.08.2026

Mr. Muhammad Farooq, advocate for the appellant.

Mr. Farmanullah Khan, advocate for OGDCL.

O R D E R

ARSHAD HUSSAIN KHAN J;                 This High Court Appeal is directed against the order dated 03.11.2022 passed by the learned Single Judge in S.M.A. No.60 of 2011, on C.M.A. No.2515 of 2022, whereby the Appellant’s request for issuance of a direction to the Nazir of this Court to approach OGDCL for release of the recurring rental amounts pertaining to 200 acres of land standing in the name of the deceased, Mir Zong, for the period from 01.01.2016 to 31.12.2022, was declined.

Learned counsel for the Appellant, while referring to the order dated 21.12.2011 passed in S.M.A. No.60 of 2011, submits that the said S.M.A. was allowed and the Nazir of this Court was directed to obtain the amounts/shares payable by OGDCL and thereafter distribute the same amongst the Appellant and other legal heirs of the deceased in accordance with their respective lawful shares. He further submits that the aforesaid order was duly complied with and all the legal heirs received their respective shares accordingly.

Thereafter, the Appellant filed C.M.A. No.2515 of 2022 seeking a direction to the Nazir of this Court to issue a letter to OGDCL for release of the recurring payments pertaining to the deceased’s property, which had accrued and remained outstanding for the period from 01.01.2016 to 31.12.2022. At the request of learned counsel for the Appellant, the said application was treated as an application under Section 376 of the Succession Act, 1925, seeking extension of the Succession Certificate so as to encompass and enable collection of the lease/rental amounts lying with OGDCL, which had accrued in respect of the deceased’s property subsequent to the grant of the SMA vide order dated 21.12.2011.

Learned counsel for the Appellant submits that, through the impugned order, the learned Single Judge dismissed C.M.A. No.2515 of 2022 primarily on the ground that no Succession Certificate had ever been formally issued; rather, the lease money then lying with OGDCL was directly called for and thereafter disbursed amongst the legal heirs through the Nazir of this Court. Consequently, it was held that the question of extending a Succession Certificate, which had not been issued in the first place, did not arise.

Learned counsel further points out that, while admitting the instant High Court Appeal vide order dated 07.11.2022, this Court directed the Nazir to obtain information from OGDCL regarding the outstanding annual rent payable to the legal heirs in respect of the Uch Gas Field. Pursuant to the notice issued by this Court, OGDCL has since deposited the requisite outstanding amount with the Nazir of this Court.

Learned counsel appearing on behalf of OGDCL confirms that the entire amount lying with OGDCL has since been deposited with the Nazir of this Court and submits that OGDCL has no objection if the amount so deposited is disbursed amongst the legal heirs in accordance with their respective lawful shares.

From the record, it appears that vide order dated 21.12.2011, the S.M.A. in respect of the assets and properties of the deceased Mir Zong Khan was allowed with the following directions:

 “Above being the position, there seems to be no hitch and impediment in granting this SMA which is accordingly allowed as per rules. Learned counsel for the petitioner at this juncture says that the Nazir may be directed to obtain the Shares of OGDCL and thereafter distribute / deliver the respective share in favour of the petitioner and other legal heirs as per law and after due verification, after expiration of the statutory period. The Petitioner shall also furnish / execute personal bond to the extent of the value of Shares of OGDCL. Nazir to do the needful. Petition disposed of.”

The record reflects that although S.M.A. No.60 of 2011 was allowed, owing to an administrative lapse on the part of the office, the formal Succession Certificate was not drawn up and issued. Nevertheless, in pursuance of the order passed in the said S.M.A., the amount then lying with OGDCL was called for by this Court and duly disbursed amongst the legal heirs of the deceased in accordance with their respective lawful shares.

It is a well-settled principle of law that procedural technicalities cannot be permitted to defeat the ends of justice, nor can an administrative or ministerial omission on the part of the office of the Court be allowed to prejudice the substantive rights of a litigant. Once the entitlement of the legal heirs had been conclusively determined and the main S.M.A. was allowed on merits vide order dated 21.12.2011, the mere failure of the office to formally draw up and issue the Succession Certificate cannot nullify the effect of that order or constitute a legal impediment to the release and disbursement of the lease/rental amounts subsequently accrued in respect of the deceased’s property.

In view of the foregoing, the instant High Court Appeal is disposed of with a direction to the Nazir to disburse the amount deposited by OGDCL with this Court, together with any profit accrued thereon, amongst the legal heirs of the deceased in accordance with their respective lawful shares, after due verification and completion of all requisite formalities.

JUDGE

JUDGE

Naveed PA