Shaikh TAHIR BUKSH vs SINGLE JUDGE OF HON'BLE HIGH COURT OF SINDH Ss

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Shaikh TAHIR BUKSH VS SINGLE JUDGE OF HON'BLE HIGH COURT OF SINDH Ss. 295 & 278---Constitution of Pakistan, Art. 199---Civil Procedure Code (V of 1908), O. XX, R.13---Constitutional petition---Maintainability---Laches---Alternate remedy of appeal not availed---Effect---Single Judge of High Court passed the order of conversion of Succession Matter Applications (SMAs) into a suit for administration---Contention of the petitioner was that SMAs were to be treated as a "regular suit" rather than a "suit for administration"---Validity---Court had meticulously adhered to all the pre-requisites of S.295 of the Succession Act, 1925 (Act)---Petitioners insistence on the insertion of the word "regular" before "suit" in S.295 of the Act to recall/review the expression that "these SMAs" are converted into a suit for administration/partition of the properties of the deceased" was misconceived---When legal heirs of a deceased person contest their share in the deceased's property, any one of the legal heirs can initiate a suit for administration of the properties or file an application under S.278 of the Act for a grant of "Letter of Administration" for the properties---A regular suit arising from the proceedings of a "Letter of Administration" can only be converted into a "suit for administration" of the property of the "deceased person"--- Petitioners refrained from contesting the impugned orders, which consequently attained finality and they also did not avail themselves of the alternate remedy of appeal, which was at their disposal---Petition suffered from laches, which the petitioners could not adequately and appropriately explain---Writ was legally untenable against the order passed by the Single Judge of High Court under the purview of Art.199 of the Constitution---Constitutional petition was dismissed in limine, in circumstances. Citation Name: 2025 CLC 232 KARACHI-HIGH-COURT-SINDHBookmark this Case Shaikh TAHIR BUKSH VS SINGLE JUDGE OF HON'BLE HIGH COURT OF SINDH arts.199(1) & 199(5)---Writ against order of Single Judge of High Court---Maintainability---Impleadment of a Judge of High Court as a party to lis---Legality---"Person", definition of---Petitioners erroneously impleaded a Single Judge of High Court as a respondent in their writ petition---Under art.199 of the Constitution, writs may be issued to an entity discharging functions in connection with the affairs of the Federation, Province, or a local authority within the territorial jurisdiction of High Court---Designation 'person' employed in art.199(1) does not encompass a High Court or other authorities/institutions delineated in art.199(5) of Constitution---Writ was legally untenable against the order passed by the Single Judge of the High Court under the purview of art. 199 of the Constitution.

Shaikh TAHIR BUKSH vs SINGLE JUDGE OF HON'BLE HIGH COURT OF SINDH Ss — 2025 CLC 232 KARACHI-HIGH-COURT-SINDH

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