29/2006 H.C.A Muhammad Imran Mustaqeem & Ors (Appellant) V/S Muhammad Mustaqeem & Ors (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial
29/2006 H.C.A Muhammad Imran Mustaqeem & Ors (Appellant) V/S Muhammad Mustaqeem & Ors (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial Order Date: 27-FEB-24
The object of petition for Letters of Administration is only to the extent of its grant or otherwise and the question of sale and purchase of the properties does not arise whereas in the instant matter despite objections taken by one of the legal heirs for its conversion into a suit, the property was attempted to be auctioned. Once the property devolved amongst the legal heirs that was and is the end of the lis filed in shape of petition for Letters of Administration. Hence, in all fairness not only the impugned order is set aside and appeal is allowed but now since the property is to be devolved amongst the legal heirs, the Letters of Administration be issued accordingly, if it has not been issued as yet, leaving it up to them i.e. legal heirs to see/decide the fate of their property as they deem fit and proper and not in a petition, which is/was only to the extent of grant of Letters of Administration.