SUIT FOR SEPARATION.

IN THE COURT OF CIVIL JUDGE/FAMILY JUDGE & JUDICIAL MAGISTRATE-1  HYDERABAD
Family Suit No.        of 2009



Dhellan d/o Manyo by caste Bheel
wife of  Assan, hindu, adult,
Resident of village Haji Siddique Baloch
P-O Bukera Sharif Taluka Chambar
District Tando Allahyar          ---------------------     PLAINTIFF

VERSUS

Assar s/o Gangaram by caste Bheel
hindu, adult, resident of village Mir Ashiq
Ali Talpur Mirwah Gorchani, Mirpurkhas    ---------    DEFENDANT



SUIT FOR SEPARATION.
        The plaintiff above named respectfully begs to submit as under:-
1-        That, plaintiff was married with the defendant about seven(7) years back as per Hindu custom

2-        That, after Rukhsati plaintiff started residing with the defendant at his house at above given address as his legally wedded wife and performed all the marital obligation and proved herself a loyal, obedient and loving wife. Out of such wedlock plaintiff has no issue.
3-        That, at the time of marriage plaintiff was given dowry articles viz. One Haar of Silver 1/2-Kg, bangles, Half Kg Silver, gold Mangalsutar weighing 01-Tola, one gold Lakhi Jhumka, Nosal ring weighing 7-Ana, ear-rings of gold and other house hold articles were given to the plaintiff which she brought at the house of defendant and are lying at his home.

4-        That, defendant is a man of questionable character, habitual drunkard, even do not maintain the plaintiff, not only this but

( 2 )
used to beat her on petty matter and plaintiff being a loving and obedient wife always borne all such attitude with a hope that one day defendant will amend his attitude.

5-        That,  plaintiff has passed very painful life with the defendant as the defendant is a man of short tamper and he not only beat the plaintiff, but also burn her with the burning cigarettes and such marks are available on her person.

6-        That, on              at odd hours of night when defendant was under the influence of wine, after giving severe beating ousted out the plaintiff from his house in three plain clothes and all the dowry articles, even gold ornaments are lying with the defendant and since then plaintiff is residing at above mentioned address, but defendant has never come ahead to take back the plaintiff to his house.

8-        That, due to maltreatment, cruel conduct and non-maintenance the plaintiff has created extreme hatred against the defendant in her heart and mind and she is not ready to join the plaintiff in a hateful union and she will prefer to die rather to reside with plaintiff and now it become difficult for the plaintiff to pass her life with the defendant within the limits prescribed by ALLAH Almighty.

7-        That, it is worth mention here that defendant is also extending threats to the plaintiff that if she will not again join him, he will kidnap her or will kill her so also will make his family members horrible example.
8-        That, cause of action for filing the instant suit has accrued to the plaintiff when defendant failed to maintain her and her children, beat her on petty matters under the influence of wine and, the cause of action again accrued to the plaintiff on                  when she was ousted out by the defendant from his house in three clothes and did not turn up to take back the plaintiff to his house.

9-        That, this Honourable Court has got jurisdiction to adjudicate upon the matter.

10-        That, necessary court fee is affixed in shape of stamp on the memo of plaint.

PRAYER.
11-        That, plaintiff respectfully prays for following judgment and decree against the defendant:-
( 3 )
a)    That, this Honourable Court may be pleased to declare the separation between the plaintiff and defendant as per Hindu custom for the end of their marriage.
   
b)    Any other relief which this Honourable Court deems fit and proper may please be awarded to the plaintiff.



Tando Allahyar
Dated: 10-6-2009                        ( PLAINTIFF )

VERIFICATION.
          I,  Dhellan d/o Manyo by caste Bheel wife of  Assan, hindu, adult, Resident of village Haji Siddique Baloch P-O Bukera Sharif Taluka Chambar  District Tando Allahyar, do hereby verify on oath that whatever stated above are true and correct to the best of my knowledge and belief.


                                 Deponent/plaintiff

I know the deponent above named.


( Advocate )

    The deponent above named is identified by Mr. Aghis-u-Salam Tahirzada,  Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in her language at Tando Allahyar on this 10th, day of June 2009 which she confirms by putting her signature as true and correct on solemn affirmation before me.


                     Commissioner for taking  affidavit

DOUCMENTS FILED




DOCUMENTS RELIED UPON
Any document filed relevant.

ADDRESSES OF THE PARTEIS.
Same as shown in cause title.
                               ADVOCATE FOR PLAINTIFF











IN THE COURT OF CIVIL JUDGE/FAMILY JUDGE & JUDICIAL MAGISTRATE-1  HYDERABAD
Family Suit No.        of 2009


Dhellan d/o Manyo    ------------------------------------     PLAINTIFF

VERSUS

Assar s/o Gangaram    ---------------------------------    DEFENDANT





LIST OF WITNESSES.
       
1)    Plaintiff.                    She will depose as per her
                             plaint and will support it.


2)                            He will support the version
                            of plaintiff.


3)                             He will support the version
                             of plaintiff.


Tando Allahyar
Dated: 10-06-2009              ADVOCATE FOR PLAINTIFF

RESTITUTION OF CONJUGAL RIGHTS

IN THE COURT OF FAMILY JUDGE HYDERABAD
Family Suit No.        of 2009



GULZAR ALI S/O QAIMUDDIN
by caste Bhatti, adult, musim,
Resident of House No.228 Block-E
Unit NO.5 Latifabad Hyderabad.            -------------          PLAINTIFF

VERSUS

MST. NASEEMA RASHEED wife of
Gulzar Ali, d/o Rasheed Qureshi,
Adult, muslim, Resident of House No.406
Block-B Unit NO.10 Latifabad Hyderabad    -----------------           DEFENDANT


SUIT FOR RESTITUTION OF CONJUGAL RIGHTS.
        The plaintiff respectfully submits as under:-
1-        That, plaintiff entered into marriage tie with the defendant Mst. Naseema on 11-8-2006 against the dower amount of Rs.50,000/-. After the marriage Rukhsati was took place on same date and plaintiff spouses started residing as husband and wife.
2-        That, out of such wedlock plain tiff has a son namely Nabeel Gul aged about 2-1/2 years.
3-        That, since the first day of marriage, plaintiff kept the defendant happily and maintained her properly in all respects and not a single occasions provided any opportunity of any complaint of maltreatment or non-maintenance.
4-        That, unfortunately the defendant has failed to prove herself a loyal, obedient and loving wife and she was habitual to pickup quarrel with the plaintiff on petty matter. In fact she is under the influence of her brothers namely Rais Qureshi, Waqar Qureshi, Zulfiqar Qureshi and Jawed Qureshi, who used to pressurize the defendant to demand money from plaintiff. On numbers of occasions, the plaintiff paid money to the defendant which he handed over to her brothers, even she taken away an amount of Rs.20,000/- from her dower amount which she also gave to her brothers.
( 2 )
5-        That, on 14-4-2009 defendant left the house of plaintiff in his absence while leaving the minor Nabeel Gul in the house of defendant, so also taken away gold complete set, one gents finger ring, gold set weighing 5-Tolas total gold valued Rs.300,000/- .
6-        That, when defendant came at his house from his duty as he is working as Inspector Quality Safety Health Environment Centre Civil Aviation Authority Hyderabad Airport, he did not find his wife/defendant in the house, he made inquiry from her mother who disclosed that after quarreling with her went away.
7-        That, thereafter plaintiff went to the house of his in-laws where he met with the defendant and when plaintiff asked her to accompany him to his house, she flatly refused. At that time her above named brothers were also available in the house who misbehaved with the plaintiff and did not allow the defendant to go with him.
8-        That, thereafter plaintiff went to his house back, informed the nek mard and again approached the defendant and her brothers agreeing them to allow the defendant to join him and lead a harmonious life, but they did not allow.
9-        That, since then time and again plaintiff is paying visits to the defendant, but being influenced by her brothers, she is not ready to join the plaintiff.
10-        That, it is pertinent to submit here that on one occasions the brothers of defendant to leave the above said gold ornaments with them which she brought from his house and pay them Rs.100,000/- then they will allow the defendant to live with the plaintiff as his legally wedded wife, otherwise they will not allow her to join the plaintiff.
11-        That, defendant is legally wedded wife of the plaintiff, but she under the influence of her brothers who are greedy type of persons is not ready to perform her marital obligations.
12-        That, cause of action has accrued to the plaintiff to file present suit on 14-4-2009 when defendant left his house in her absence and taken away all the gold ornaments. The cause of action again accrued to the plaintiff on all the dates when he approached the defendant to take back her to his house, but she refused flatly on the instance of her brothers. The cause of action again accrued to the plaintiff when brothers of defendant pressurized the plaintiff to withdraw from the above said gold ornaments and pay them Rs.100,000/- (Rupees one lac only) then they will allow the defendant to join the plaintiff as his legally wedded wife and same cause of action is continued day to day till today, hence this suit.

13-        That, this Honourable Court has got jurisdiction to adjudicate upon the matter.

14-        That, necessary court fee is affixed in shape of stamps.
( 3 )

PRAYER.
10-        That, plaintiff respectfully prays for following judgment and decree against the defendant:-

a)    That, this Honourable Court may be pleased to direct the defendant to join the plaintiff as his legally wedded wife and perform all the conjugal rights/conjugal rights towards the plaintiff within the limits prescribed by ALLAH almighty.
   
b)    Any other relief which this Honourable Court deems fit and proper may please be awarded to the plaintiff.



Hyderabad
Dated: 11-8-2009                            ( PLAINTIFF )

VERIFICATION.
          I,  GULZAR ALI S/O QAIMUDDIN by caste Bhatti, adult, musim, Resident of House No.228 Block-E Unit NO.5 Latifabad Hyderabad, do hereby verify on oath that whatever stated above are true and correct to the best of my knowledge and belief.

                        Deponent/plaintiff

I know the deponent above named.


( Advocate )

    The deponent above named is identified by Mr.
,  Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in her language at Hyderabad on this 27th, day of June 2008 which she confirms by putting her signature as true and correct on solemn affirmation before me.


                     Commissioner for taking  affidavit
DOUCMENTS FILED
Nikahnama

DOCUMENTS RELIED UPON
Any document filed relevant.

ADDRESSES OF THE PARTEIS.
Same as shown in cause title.
                               ADVOCATE FOR PLAINTIFF









IN THE COURT OF FAMILY JUDGE HYDERABAD
Family Suit No.        of 2009


GULZAR ALI S/O QAIMUDDIN    ----------------------------------          PLAINTIFF

VERSUS

MST. NASEEMA RASHEED       ---------------------------           DEFENDANT


LIST OF WITNESSES.
       

1-    Plaintiff.                He will support the contents of his
                         Plaint



2-   


3-


Hyderabad
Dated: 11-8-2009                    ADVOCATE FOR PLAINTIFF

family publication

IN THE COURT OF FAMILY JUDGE HYDERABAD
Family Suit NO. 23 of  2007


HASSAN MEHMOOD  ------------------------------------   Plaintiff
Versus
Gulnaz Ayoub      --------------------------------------    Defendant



         APPLICATION U/O 5 RULE 20 C.P.C.
        It is respectfully prayed on behalf of plaintiff that this Honourable Court may be pleased to pass necessary orders for substitute service/publication in Urdu-newspaper for service upon the defendant, on consideration of the grounds set out in accompanying affidavit.

        Prayer is made in the interest of justice.

Hyderabad
Dated: 30-4-2007        ADVOCATE FOR PLAINTIFF
IN THE COURT OF FAMILY JUDGE HYDERABAD
Family Suit NO. 23 of  2007


HASSAN MEHMOOD  ------------------------------------   Plaintiff
Versus
Gulnaz Ayoub      --------------------------------------    Defendant

AFFIDAVIT.
        I, Hassan Mehmood s/o                        ¸ muslim, adult, Resident of                                  Hyderabad, do hereby state on oath as under:-
1-        That, I am plaintiff in the above matter, as such am well conversant with the facts of the matter.
2-        That, present affidavit and accompanying application for substitute service have been drafted and filed under my instructions and contents of the same are true and correct.
3-        That, all the ordinary modes of service have been applied, but defendant is malafidely avoiding from the service of the summons of the court.
4-        That, defendant malafidely wants to prolong the matter in order to create trouble for me.
5-        That, it is settled principle of law that family matters are to be decided/concluded in speedy manner.
6-        That, if the substitute service/publication is not allowed, then matter will be unnecessarily prolonged and will cause wastage of precious time of this Honourable Court.
7-        That, publication in the newspaper would be helpful for definite service upon the defendant there will remain no chance of non-service upon the defendant, so also purpose of natural justice will be served
8-        That, in case my accompanying application is not allowed, I will suffer irreparable loss and injury.
9-        That, contents of accompanying application may please be treated as part and parcel of this affidavit for the sake of brevity.
10-        Whatever stated above are true and correct to the best of my knowledge and belief.
                                                                                                                                                             Hyderabad   
Dated: 25-3-2008                            ( DEPONENT )
( 2 )
I know the deponent above named

( Advocate )
    The deponent above named is identified by
, Advocate, who is personally known to me.

                    Commissioner for taking affidavit
    The contents of above affidavit have been read over and explained to deponent above named in his language at Hyderabad on this 25th day of March 2008 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking affidavit

GUARDIANSHIP APPEAL

a





IN THE COURT OF DISTRICT JUDGE HYDERABAD
Guardianship Appeal No.        of 2009





Jawed Iqbal s/o Iqbal
Christian, adult, Resident of House
No.803 Christian Colony Unit No.5
Latifabad Hyderabad       ----------------------------------    Appellant
versus
1-    Foster Raja d/o Raja Masih
     Christian, adult, Resident of
     9/B Block-B, Unit No.10
     Latifabad Hyderabad

2-    Civil Judge & Judicial Magistrate-IX
     Hyderabad        -----------------------------------    Respondents


GUARDIANSHIP APPEAL
         Being aggrieved and dissatisfied by the order dated
20-5-2009 copy replied on 01-06-2009 posted by learned Civil Judge & Judicial Magistrate-IX respondent No.2, the appellant begs to prefer present appeal, inter alia, on the following facts, grounds and prayed  that this Honourable Court may be pleased to call for R & Ps of above guardianship application bearing No. 29 of 2007 titled” Mst. Fosta Raja v/s Javed Iqbal from the court of Civil Judge & Judicial Magistrate-IX, Hyderabad after saving the records, its legality, prosperity and having two parties may pleased to set-aside impugned order allow the appeal with cost and any other relief being fit and proper  under the circumstances of the case.

F A C T S
         Briefly facts leading to present appeal are that the appellant/plaintiff filed suit No.64 of 2004 for dissolution of

( 2 )
marriage which was decided by judgment/decree 22-02-2005 and 28-2-2005 and the marriage was dissolved with the respondentNo.1/ defendant (copy of the judgment/decree is filed as annexure-B & C). Thereafter a compromise deed was executed between the appellant/plaintiff and respondent No.1/defendant on 18th February 2006 at Hyderabad in presence of witnesses (Copy of the compromise deed is attached herewith as annexure-D). The main terms and condition of the compromise deed was as under: -

1-     That, all the three children shall remain in  the custody and look after of the party No.2.
2-    That, the first party who is the real father of the children shall visit four times in a month at any convenient day decided mutually by the both parties, to meet the children for sufficient time.
3-     That, the party No.2 shall make it sure that during this meeting none of the family members of relatives of the second party shall interfere in this meeting.
4-     That, the party No.1, shall deposit an amount of Rs.3000/- per month towards the maintenance of the above named children in the bank account of party No.2, which is PLS account No.26398-9, Habib Bank Unit No.7, Latifabad branch Hyderabad and this amount shall be properly and justly be spent by the second party on the welfare of the children.
5-    That, whenever the second party will enter into second marriage with any person than the custody of the children will be returned/delivered to the party No.1, and the payment of maintenance shall be seized.
6-     That, both the above mentioned parties shall utilized their best abilities for the welfare and bright future of the children.
7-     That, both the above parties shall not interfere into the personal life/affairs of each other and in no way shall cause any disturbance to each other.

         That, in total violation of the above terms & conditions of compromise deed the respondent No.1 filed guardianship application No.21 of 2007, therefore respondent No.2 learned Civil Judge & Judicial Magistrate-IX who without hearing the appellant

( 3 )
and without considering the deed of compromise and interest of the minor children passed the impugned order depriving the appellant of his right as a father of the minor children hence this appeal on following grounds:-

G R O U N D S
 1-        That, the impugned order is against the facts, law, equity, conceives play of justice.
2-         That, the trial court did not appreciate the interest of the minors and same findings are based on presumption conjunctions.
3-         That, the learned trial court respondent No.2 did not hear the version of the appellant being father of the minors and did not give any serious consideration to compromise deed executed between the parties which was made out for the interest and welfare of the minor children
4-         That, the concerned court has not acted properly and passed the order in hurry manner without hearing the appellant and his advocates and the appellant condemned unheard
5-         That, the learned trial court has wrongly given findings on issues No.1,2,3 against the appellant/plaintiff that the interest and welfare of minors rests in the respondent No.1 who has no source of earning and entirely depends on others.
6-         That, the learned trial court respondent No.2 has un-necessarily tried to impose certain conditions which were not settled in  deed of compromise and being not sustained in law as it goes against the interest of welfare of the minors.
7-         That, the order suffers from patent illegality hence it is liable to be set aside.
8-         That, the learned trial court / respondent No.2 has not assigned any cogent, convincing valid, legal ground, reason, plausible explanation, justification for passing an order against compromise deed which is liable to set-aside by allowing the appeal.
9-         That, the impugned order is based on misreading and
non-reading at any integrated of the oral/documentary evidences by the appellant in support of his

10-        That, the impugned order is one sided biased, falsely,
pre-determined

11-         That, the appeal is in learned certified copy of the impugned order is submitted herewith.
( 4 )

P R A Y E R
         Therefore, it is very humbly prayed that this Honourable Court issue the pleased to set-aside the impugned order dated 26-5-2009 passed by learned Court & Judicial Magistrate-IX (respondent No.2) and passed strategic order as well as compromise deed executed between by the parties on 18th July, 2006 and order for custody of minors with the appellant, grant any other relief being decreed fit and proper under the circumstances of the case.

Hyderabad
Dated: 06-06-2009                    APPELLANT




                         ADVOCATE FOR APPELLANT







IN THE COURT OF DISTRICT JUDGE HYDERABAD
Guardianship Appeal No.        of 2009




Jawed Iqbal s/o Iqbal    ----------------------------------    Appellant
versus
Foster Raja & ANOTHER -------------------------------    Respondents


APPLICATION U/R 14 OF SINDH
CIVIL COURT RULES    
         It is respectfully prayed that this Honourable court may be pleased to take up this appeal during summer vacation  and fixed for hearing on  treating it as urgent one, on consideration of the grounds set out in accompanying affidavit.

        Prayer is made in the interest of justice.



Hyderabad
Dated: 06-6-2009            ADVOCATE FOR APPELLANT



IN THE COURT OF DISTRICT JUDGE HYDERABAD
Guardianship Appeal No.        of 2009


Jawed Iqbal s/o Iqbal    ----------------------------------    Appellant
versus
Foster Raja & ANOTHER -------------------------------    Respondents

Affidavit
         I, Jawed Iqbal s/o Iqbal, adult, Christian, resident of House No.803 Christian colony Unit No.5 Latifabad Hyderabad, do hereby state on oath as under:-
1-        That, I am appellant in the above matter, as such am well conversant with the facts of the matter.
2-        That, present affidavit & accompanying application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, my very right as well as rights of minors and welfare are involved in the matter as such matter in hand requires urgent consideration
4-        That, I have a good prima facie case, as well as balance of convenience in my favour.
5-        That, if the matter in hand is not treated as urgent one I will suffer irreparable loss and injury.
6-        That, contents of accompanying application may please be treated as part and parcel of this affidavit for the sake of brevity.
7-        Whatever stated above are true and correct to the best of my knowledge and belief.


Hyderabad
Dated: 5-06-2009                        ( DEPONENT )

I know the deponent above named


( Advocate )

        The deponent above named is identified by Mr.
Advocate, who is personally known to me.


                    Commissioner for  taking affidavit.

        The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  6th  day of  June 2009 which he confirm by putting his signature as true and correct on solemn affirmation before me.


                     Commissioner for taking affidavit.







IN THE COURT OF SESSION SJUDGE HYDERABAD
Misc. Application No.        of 2009


AMMAD SHAIKH
s/o Muhammad Anwar Shaikh
Muslim, adult, Resident of
House No.H-4/A Sharif Square
Latifabad Hyderabad  -------------------- APPLICANT/PETITIONER
Versus
General Public        ------------------------------------------   


PETITION FOR SUCCESSION CERTIFICATE
U/S 372 OF SUCCESSION ACT.

        The petitioner above named states as follows:-
1-        That, deceased Muhammad Anwar Shaikh s/o Shaikh Abdul Karim died on 06-01-2006 at Hyderabad. (copy of death certificate is attached herewith).

2-        That, said deceased at the time of his death left his surviving following persons/heirs as his next-of-kin .

    1)  Ammad Shaikh s/o Muhammad Anwar Shaikh    Son

    2)  Faryal d/o Muhammad Anwar Shaikh            daughter


3-        That, deceased has also left following debts/securities in his name in the following financial institutes and defense saving certificates:-

S. No.    Name of Bank        Amount      
1    Soneri Bank     010662    150,000/-      
2    Soneri Bank    010661    150,000/-      
3    Soneri Bank    010675    200,000/-      
4    Sindh Bank     TDR 0056740    100,000/-      
5    Sindh Bank    0056727    100,000/-      
6    Sindh Bank    0056826    100,000/-      
7    Bank Al-Habib    0000535231    200,000/-      
8    Bank Al-Habib    0000535277    100,000/-      
9    Bank Al-Habib    0000534982    200,000/-      
10    Bank Al-Habib    0000535015    200,000/-      
11    Bank Al-Habib    0000534785    100,000/-      
12    Bank Al-Habib    0000534786    200,000/-      
13    Bank Al-Habib    000534747    100,000/-      
14    Bank Al-Habib    0000534756    100,000/-      
15    Bank Al-Habib    000535314    100,000/-      
16    Bank Al-Habib    0000535342    200,000/-      
17    Soneri Bank    0102-1210182    400616.34      
18    Bank Al-Habib    10100074
–005019-01-1    153767.87      
19    Bank Al-Habib    1010-0077-005401-01-9    732184.10      
20    Silk Bank    012014999601    35479.66      
21    Habib Metropolitan Bank    20610-714-111255    81953.38      
22    Habib Metropolitan Bank    20620-714-111255    177052.37      
23    Habib Metropolitan Bank    20410-714-111255    1000,000.00   


4-        That, petitioner as son of deceased Muhammad Anwar Shaikh claims to be entitled to her share of the estate/securities/debts of deceased.

5-        That, said deceased died intestate and that due diligent search has been made for a will but none has been found.

6-        That, no application has been made to any court for, and no grant has been made of, any certificate, probate or letters of administration in respect of the debts, securities or estate of the said deceased and there is no impediment under section 370 or under any other provision of Indian Succession Act, 1925 or of other enactment to the grant of the certificate or the validity thereof, if it were granted.

7-        That, the petitioner has truly set forth in schedule of property the debts and securities in respect of which the certificate is applied for.


PRAYER
         The petitioner, therefore, prays that a succession certificate may kindly be granted to the petitioner in respect of the debts and securities set forth in schedule of property with power to collect the same from the concerned banks, encash the same and disburse among all the legal heirs of deceased named above as per their share.



Hyderabad
Dated:   -06-2009                  PETITIONER/APPLICANT


                                 ADVOCATE FOR
                             PETITIONER/APPLICANT


















IN THE COURT OF SESSION SJUDGE HYDERABAD
Misc. Application No.        of 2009


AMMAD SHAIKH ------------------------ APPLICANT/PETITIONER
Versus
General Public        ------------------------------------------   

AFFIDAVIT.
         I, Ammad Shaikh s/o Muhammad Anwar Shaikh, Muslim, adult, Resident of House No.H-4/A Sharif Square Latifabad Hyderabad, do hereby state on oath as under:-
1-        That, I am petitioner/applicant in the above matter, as such am well conversant with the facts of the matter.
2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3-        That, I am one of the legal heir of my deceased father namely Muhammad Anwar Shaikh alongwith my sister Faryal who have no objection to the grant of succession certificate in my favour.
4-        That, all the legal heirs of deceased Abdul Muhammad Anwar Shaikh have no adverse interest to each other.
5-        That, there is no other legal heir of my deceased father, except myself and my  above named brother and sisters.
6-        That, contents of accompanying petition may please be treated as part and parcel of this affidavit for the sake of brevity.
7-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Hyderabad
Dated:  -06-2009                    ( DEPONENT )

I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr.       , Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in her language at Hyderabad on this     , day of June 2009 which she confirms by putting her signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.


IN THE COURT OF SESSION SJUDGE HYDERABAD
Misc. Application No.        of 2009


AMMAD SHAIKH ------------------------ APPLICANT/PETITIONER
Versus
General Public        ------------------------------------------   

AFFIDAVIT.
          I, Mst. Faryal d/o Muhammad Anwar Shaikh, muslim, adult, Resident of House No.H-4/A Sharif Square Latifabad Hyderabad, do hereby state on oath as under:-
1-        That, I am real sister of applicant/legal heir of deceased Muhammad Anwar Shaikh in the above matter, as such am well conversant with the facts of the matter.
2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3-        That, I, Mst. Faryal are only surviving legal heirs of deceased Muhammad Anwar Shaikh being her real daughters and sons and there is no other legal heir of deceased Begum Rani except us.
5-        That, applicant Muhammad Aslam has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.
6-        That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Muhammad Anwar Shaikh.
7-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Muhammad Anwar Shaikh will suffer irreparable loss and injury.
8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Hyderabad
Dated:    -06-2009                    ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr.              , Advocate who is personally known to me.

                      Commissioner for taking  affidavit.
    The contents of above affidavit have been read over and explained to the deponent above named in her language at Hyderabad on this  12th, day of February 2008 which she confirms by putting her signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.



IN THE COURT OF SESSION SJUDGE HYDERABAD
Misc. Application No.        of 2009


AMMAD SHAIKH ------------------------ APPLICANT/PETITIONER
Versus
General Public        ------------------------------------------   

AFFIDAVIT.
        I, Shamsuddin s/o Muhammad Punhal, muslim, adult, Resident of House No.10 Junejo Colony new Wahdat Colony Hyderabad, do hereby state on oath as under:-
1-        That, I know late Mst. Begum Rani since last ---- about    years as such am well conversant with the facts of the matter.
3-        That, said deceased Mr. Begum Rani was expired on
16-12-2007 at Hyderabad and at the time of her death she has left behind her following legal heirs.

NAME OF LEGAL HEIRS    RELATIONSHIP        AGE
1)  Ammad Shaikh         son                -years
2)  Mst. Faryal            daughter            -years

4-        That, to the best of my knowledge, I know that there is no other legal heirs of deceased Mst. Begum Rani except the above named persons.
5-        That, for the sake of brevity contents of accompanying application may be treated as part and parcel of this affidavit.
6-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Hyderabad
Dated:    -06-2009                    ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr.              , Advocate who is personally known to me.

                      Commissioner for taking  affidavit.
    The contents of above affidavit have been read over and explained to the deponent above named in her language at Hyderabad on this  12th, day of February 2008 which she confirms by putting her signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.

family appeal

IN THE COURT OF DISTRICT & SESSIONS, JUDGE HYDERABAD

Family Appeal No:     of 2009




SHRIMATI AAMIYA D/o Satto
W/o Laloo adult, Hindu by Caste
Kohli R/o Village Raees Ahmed
Khan Zour UC: Lakhat Taluka &
District Tando Muhammad Khan
P.S Tando Muhammad Khan    - - - - - - - - -Appellant/Plaintiff


V E R S U S


Laloo S/o Ajo adult, Hindu
By caste Kohli R/o Village Khamoon
Sand Near Dando Town Taluka Tando
Ghulam Haider District Tando
Muhammad Khan            - - - - - - -Respondent/Defendant


APPEAL UNDER SECTION 14
OF FAMILY COURT ACT, 1964

        Being aggrieved & highly dissatisfied with the impugned judgment decree dated: - 16-04-2009 passed by the learned Civil & Family Court, No. II Tando Muhammad Khan in family suit no. 38/2008 (Shrimati Aamiya V/s Laloo) where by suit of the appellant dismissed with no order as to cost, therefore appellant respectful refer this appeal & pray that record & proceeding may be summoned from learned lower court after hearing the parties finding illegalities & irregularities set aside the impugned judgment decree (Annexure: - A & A/1.) & decreed the suit of the appellant in her favour by dissolving the marriage of appellant with respondent under west family court act on the ground/point cruelty, maltreatment, compelling to leave the immoral life, rough attitude & harassment are pass any other relief which this Honourable court deem fit & proper looking the circumstances, inter alia on the following facts & grounds.
(2)
FACTS
        Brief facts of the suit as stated by the plaintiff are that she married with defendant four yeas back at Village Raees Ahmed Khan Zanour according to Hindu religion, rites and customs. At the time of marriage parents of plaintiff according to hindu rites and customs gave dowry articles such as gold and silver ornaments, precious cloths worth Rs.20,000/- to the plaintiff  which are still in possession of defendant. The marriage was duly consummated. After marriage plaintiff started living with the defendant as his residence as his legally  wedded wife. After one month of marriage plaintiff realized that the defendant is a men of questionable character. It is alleged that the defendant used to bring unknown male and female at the house and whenever plaintiff forbade him not to do so he severely maltreated the plaintiff. It is further alleged that the defendant used to insist the plaintiff to give company to stranger and on her refusal he used to maltreat her mercilessly. After one year of the marriage plaintiff gave birth to a male issue namely Rajo how is now aged about 02 years and in custody of the defendant. It is further alleged that about one year back defendant started quarreling with the plaintiff, snatched her child and turned her out of home without any reason since that she has been living with her parents. It is stated that a long time of one year has passed but the defendant has not yet come to settle the dispute not sent a single panny towards maintenance of plaintiff. The parents of plaintiff have made several attempts to resolve the rift between spouse but all in vain. It is further stated that irresponsible and immoral behavior of defendant has created immense hatred in the mind of plaintiff and the present situation in that she prefers to die rather than to live with the defendant as his wife, therefore appellant/plaintiff filed suit before learned Family Court.

        In response to summons issued by the Court defendant alongwith his advocate Mr. Nasir Khan made his first appearance before the Court on 11-02-2009, filed Vakalatnama and sought time for filing written statement. Time was granted, therefore six adjournments were given but the defendant failed to file written statement resulting the case was ordered to be proceeded ex-parte against the defendant on 27-03-2009. Simultaneously plaintiff was directed to file affidavit in ex-parte proof. In obedience of the order of this court, the appellant/plaintiff filed her affidavit  in ex-parte proof placed at Ex-04 and also appeared in person to
(3)
supporter case, the learned  trial court passed the impugned judgement and decree without applying of the judicial mind and dismissed the suit of the appellant, hence this appeal on following grounds:-

G R O U N D S
1-        That, judgment & decree of the learned trial Court is based on surmises, conjecture and same are liable to be set aside consequently the suit of the appellant may be decreed. Learned trial court/family court passed finding on point No.1 but there is no point determined by the trial court. It is clear that, the judgment of the learned trial court is passed by over looking the documents, pleadings of the appellant/ all contention of the appellant had gone unchallenged and un-rebutted yet the suit of the appellant was surprisingly dismissed.

2-        That, it is settled law that, while dissolution of the marriage or judicial separation it is enough that, lady appear before the Court and sworn affidavit or verity the contents of pliant. No one can compel to lady for residing against her will, wish or accord but learned trial court while passing the judgment & decree ignore this principle and even has not given due consideration to the affidavit in evidence.

3-        That, according to section 5 of the Family court act the Hindu lady is also competent to file suit for dissolution of marriage on the ground of Khulla. Section 5 is fully applicable to non-muslim according to provision of West Pakistan Family Court Act, 1964.

4-        That, learned trial court has not give the due consideration and passed the judgment decree by ignoring the principles, by misreading the evidence, non-reading the documents and dismissed the suit in filmsy manner. The judgment & decree are not passed properly.

5-        That, appellant specifically and categorically stated that, she doesn’t want to live with respondent yet the observation of learned trial court that, appellant failed to discharge her duty is against the law, justice and equity. Direct evidence of appellant against the respondent was available but learned trial Court miserably failed to consider it.

6-        That, observation of the learned trial court by giving advice is beyond the jurisdiction of Family Court. Thus, it seems that, learned trial court traveled beyond its jurisdiction and scope.

7-        That, learned trial court miserably failed to give due consideration to the evidence of appellant. It is clear that, judgment & decree of learned trial court is based on surmises and conjecture.

8-        That, much and more legal grounds will be argued at the time of argument of this appeal with the permission of this Honourable Court.

9-        That, appeal is in time.
        

Succession applicatio

IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI s/o Abdul Rehman
by caste Abbasi, Muslim, adult,
Resident of House No.16, Shahbaz
Colony Tando Allahyar.       ------------------------------  APPLICANT/PETITIONER
Versus
General Public at large.     ---------------------------------------      RESPONDENT


PETITION FOR SUCCESSION CERTIFICATE
U/S 372 OF SUCCESSION ACT.

        The applicant/petitioner above named states as follows:-
1-        That, deceased Abdul Rehman s/o Muhammad Ramzan died on  
20-05-2008 at Tando Allahyar. (copy of CNIC of deceased and death certificate are attached herewith as annexure-A & B).
2-        That, said deceased at the time of his death left his surviving following persons/heirs as his next-of-kin.

     1)    Mst. Khatoon                Widow
     2)    Muhammad Ali            Son
     3)     Shazia                     Daughter
     4)      Muhammad Kamran            Son
     5)     Nazia                  Daughter
     6)    Adnan                     Son
     7)     Farhan                 Son
    8)    Faizan aged 12-years        Son   
    9)    Fariyal  aged 10-years        daughter

(Photo stat copies of CNICs of all the legal heirs and confirmation of heirs certificate are attached herewith as annexure-C, C/1 to     ).
3-        That, deceased has also left following debts/securities in his name in the following financial institutes and defense saving certificates:-
An amount in Account No.00870010580201 
Habib Bank of Pakistan Tando Allahyar.         Rs.164,679-03
An amount in A/C No.02 01006959-0        Rs. 83,191-01

(copy of bank’s certificate dated 10-09-2008 & 16-9-2008 are being filed herewith as annexures-D & E).
( 2 )
4-        That, applicant/petitioner as son of deceased Abdul Rehman claims to be entitled to his share of the estate/securities/debts of deceased.
5-        That, said deceased died intestate and that due diligent search has been made for a will but none has been found.
6-        That, no application has been made to any court for, and no grant has been made of, any certificate, probate or letters of administration in respect of the debts, securities or estate of the said deceased and there is no impediment under section 370 or under any other provision of Indian Succession Act, 1925 or of other enactment to the grant of the certificate or the validity thereof, if it were granted.
7-        That, the applicant/petitioner has truly set forth in schedule of property the debts and securities in respect of which the certificate is applied for.

PRAYER
         The applicant/petitioner, therefore, prays that a succession certificate may kindly be granted to the applicant/petitioner in respect of the debts and securities set forth in schedule of property with power to collect the same from the concerned banks, encash the same and disburse among all the legal heirs of deceased named above as per their share.


Tando Allahyar
Dated: 13-08-2009                          PETITIONER/APPLICANT


                               ADVOCATE FOR  PETITIONER/APPLICANT

I know the deponent above named.


( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Tand Allahyar on this  13th day of August, 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.
DOCUMENTS FILED
1. NIC & death certificate of deceased
2. PSC of NIC of LRs



DOCUMENTS RELIED
Any other relevant document

                         ADVOCATE FOR PETITIONER










IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------    RESPONDENT


NO OBJECTION.

            We the undersigned, all legal heirs of deceased Abdul Rehman have no objection if the succession certificate is granted to the applicant Muhammad Ali as he has no adverse interest to us and is a fit and proper person to be granted succession cetritifcate.


                            1)    Mst. Khatoon       
                              2)     Muhammad Ali                 
                              3)      Shazia                
                              4)     Muhammad Kamran

                              5)    Nazia                    
                             6)     Adnan   

                             7)     Farhan                

Identified by me

ADVOCATE
Hyderabad
Dated: 05-08-2009












IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------    RESPONDENT



SCHEDULE OF PROPERTY.
An amount of Rs.164,679-03 in Account    No.00870010580201      Habib Bank of Pakistan Tando Allahyar.
(Rupees One Lac Sixty Four Thousand Six Hundred Seventy    Nine & Three paisas only)




Hyderabad                            ADVOCATE FOR
Dated: 05-08-2009                 PETITIONER/APPLICANT




For immediate use only
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009


MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
         I, Muhammad Ali s/o Abdul Rehman, by caste Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-
1-        That, I am petitioner/applicant in the above matter, as such am well conversant with the facts of the matter.
2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.
3-        That, I am one of the legal heir of my deceased father namely Abdul Rehman Abbasi alongwith my other brothers and sisters and my mother Mst. Khatoon who have no objection to the grant of succession certificate in my favour.
4-        That, all the legal heirs of deceased Abdul Rehman have no adverse interest to each other.
5-        That, there is no other legal heir of my deceased father, except myself and my above named brother, sisters and mother.
6-        That, contents of accompanying petition may please be treated as part and parcel of this affidavit for the sake of brevity.
7-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.




IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009


MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
        I, Mst. Khatoon wd/o Abdul Rehman Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am real mother of applicant/legal heir of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the legal heir of my deceased husband namely Abdul Rehman Abbasi alongwith my sons and daughters and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

5-        That, applicant has no adverse interest to me as he is my real son and legal heir of deceased Abdul Rehman.

7-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman suffer irreparable loss and injury.

8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.



IN THE COURT SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER
versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
        I, Shazia d/o Abdul Rehman Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

5-        That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.

7-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.

8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  05th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.


IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER
versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
        I, Muhammad Kamran s/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

5-        That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.

7-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.

8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.



IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009


MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER
versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
        I, Nazia d/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

5-        That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.

7-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.

8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.



IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER
versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
        I, Adnan s/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

5-        That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.

6-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.

7-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.



IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER
versus
General Public at large.    --------------------------------    RESPONDENT

AFFIDAVIT.
        I, Farhan d/o Abdul Rehman Abbasi, Muslim, adult, Resident of Hous No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am daughter of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the surviving legal heirs of my deceased father Abdul Rehman alongwith my other brothers, sisters and mother, and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

5-        That, applicant has no adverse interest to me as he is my real brother and legal heir of deceased Abdul Rehman Abbasi.

6-        That, if the succession certificate is not granted in favour of applicant, I, applicant and other legal heirs of deceased Abdul Rehman Abbasi suffer irreparable loss and injury.

8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.







IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009



MUHAMMAD ALI        ------------------- APPLICANT/PETITIONER
versus
General Public at large.    --------------------------------    RESPONDENT



APPLICATION U/O 32 RULE-3.
        It is respectfully prayed on behalf of Mst. Khatoon that this Honourable court may be pleased to appoint Mst. Khatoon as guardian ad-litem of the minors namely Faizan aged 12-years and Fariyal aged 10-years being their real other having no adverse interest.
        Prayer is made in the interest of justice


Tando Allahyar
Dated: 13-8-2009                    ADVOCATE


IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009


MUHAMMAD ALI     --------------------------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------              RESPONDENT

AFFIDAVIT.
        I, Mst. Khatoon wd/o Abdul Rehman Abbasi, Muslim, adult, Resident of House No.16 Shehbaz Colony Tando Allahyar, do hereby state on oath as under:-

1-        That, I am real mother of applicant/legal heir of deceased Abdul Rehman Abbasi in the above matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit and accompanying succession petition/application and application U/O 39 Rule-3 CPC have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, I am one of the legal heir of my deceased husband namely Abdul Rehman Abbasi alongwith my sons and daughters and there is no other legal heir of deceased Abdul Rehman except us.

4-        That, minors Faizan aged 12-years and Fariyal aged 10-years are under my legal custody as I am their real other having no adverse interest and other legal heirs have no objection, I am appointed guardian ad litem of both the minors

5-          That, applicant Muhammad Ali has filed instant application for grant of succession certificate with our will and consent and I and other legal heirs have no objection if succession certificate is granted in his favour.

6-        That, applicant has no adverse interest to me as he is my real son and legal heir of deceased Abdul Rehman.

7-        That, if the succession certificate is not granted in favour of applicant as well as the instant application for appointing me guardian ad litem, I, applicant and other legal heirs of deceased Abdul Rehman suffer irreparable loss and injury.

8-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.



For immediate use only
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009


MUHAMMAD ALI     --------------------------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------            RESPONDENT

AFFIDAVIT.
         I, Muhammad Ismail s/o Khessa, by caste Abbasi, muslim, adult, Resident of Tando Allahyar, do hereby state on oath as under:-

1-        That, I know late Abdul Rehman Abbasi since last 20 years as such am well conversant with the facts of the matter.

3-        That, said deceased Abdul Rehman Abbasi was expired on
20-05-2009 at Tando Allahyar and at the time of his death he has left behind her following legal heirs.

NAME OF LEGAL HEIRS    RELATIONSHIP
1)    Mst. Khatoon                Widow
2)    Muhammad Ali            Son
3)     Shazia                     Daughter
4)      Muhammad Kamran            Son
5)     Nazia                  Daughter
6)    Adnan                     Son
7)     Farhan                 Son
8)    Faizan aged 12-years        Son   
9)    Fariyal  aged 10-years        daughter

4-        That, to the best of my knowledge, I know that there is no other legal heirs of deceased Abdul Rehman Abbasi except the above named persons.

5-        That, for the sake of brevity contents of accompanying application may be treated as part and parcel of this affidavit.

6-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.


For immediate use only
IN THE COURT OF SENIOR CIVIL JUDGE TANDO ALLAHYAR
Misc.  Application No.        of 2009


MUHAMMAD ALI     --------------------------------------- APPLICANT/PETITIONER

versus
General Public at large.    --------------------------------            RESPONDENT

AFFIDAVIT.
         I, Shahnawaz Ali s/o Muhammad Anwer Ali, muslim, adult, Resident of Tando Allahyar, do hereby state on oath as under:-

1-        That, I know late Abdul Rehman Abbasi since last 20 years as such am well conversant with the facts of the matter.

3-        That, said deceased Abdul Rehman Abbasi was expired on
20-05-2009 at Tando Allahyar and at the time of his death he has left behind her following legal heirs.

NAME OF LEGAL HEIRS    RELATIONSHIP
1)    Mst. Khatoon                Widow
2)    Muhammad Ali            Son
3)     Shazia                     Daughter
4)      Muhammad Kamran            Son
5)     Nazia                  Daughter
6)    Adnan                     Son
7)     Farhan                 Son
8)    Faizan aged 12-years        Son   
9)    Fariyal  aged 10-years        daughter

4-        That, to the best of my knowledge, I know that there is no other legal heirs of deceased Abdul Rehman Abbasi except the above named persons.

5-        That, for the sake of brevity contents of accompanying application may be treated as part and parcel of this affidavit.

6-        WHATEVER stated above are true and correct to the best of my knowledge and belief.

Tando Allahyar
Dated: 13-08-2009                        ( DEPONENT )
I know the deponent above named.

( Advocate )
    The deponent above named is identified by Mr. Aghis-Us-Salam, Advocate who is personally known to me.

                      Commissioner for taking  affidavit.

    The contents of above affidavit have been read over and explained to the deponent above named in his language at Hyderabad on this  13th, day of August 2009 which he confirms by putting his signature as true and correct on solemn affirmation before me.

                     Commissioner for taking  affidavit.

setting aside exparte degree

IN THE COURT OF VIth EXTRA JOINT CIVIL AND FAMILY JUDGE
HYDERABAD.
Family Suit No. 49 of 2002.
Mst.Bilquees Bano.   …………… PLAINTIFF
VERSUS Muneer Ahmed.    ………….. DEFENDANT.

APPLICATION U/S 9(6) OF FAMILY COURT ACT 1964

   It is respectfully prayed on behalf of the defendant that
this Honourable Court may be pleased to set aside the exparte judgement and decree dated 28.3.2003 passed by this Honourable Court in absence of the defendant, on the consideration of the facts and grounds disclosed in the accompanying affidavit.
   This prayer is made in the interest of justice. HYDERABAD SINDH.     ADVOCATE
DATED      -4-2003.    FOR THE DEFENDANT

         For immediate use IN THE COURT OF VIth EXTRA JOINT CIVIL AND FAMILY JUDGE HYDERABAD.
Family Suit No. 49 of 2002.
Mst.Bilquees Bano.   …………… PLAINTIFF
VERSUS Muneer Ahmed.    ………….. DEFENDANT.

AFFIDAVIT
   I, Muneer Ahmed S/O Din Muhammad, adult, Muslim, by caste Meo Rajput, R/O House No.20, Street No.C/4-1, Housing Society Sector I, Naval Colony, Hab Road, Tehsil and District Karachi West, at present at Hyderabad, do hereby state on oath as under:-
1. That I am defendant in the above matter hence well conversant with the facts of the case.
2. That the accompanying application U/S 9(6) of Family Court Act, 1964 has been drafted and moved under my instructions, contents of which are true and correct and may be treated as part and parcel of this affidavit.
3. That I have not been served in the above suit and I was totally unaware about the pendency of the above suit and passing of the exparte judgement and decree passed on 28.3.2003.
4. That about one week back I came to know from my father-in-law Nasiruddin that my wife had filed a Family Suit for

2
dissolution of marriage and same was decreed in her favour on 28.3.2003.
5. That as soon as I came to know about the passing of the exparte judgement and decree against me I came at Hyderabad and approached to this Honourable Court and came to know that such decree has been passed.
6. That my wife Mst.Bilquees Bano has obtained this decree through misrepresentation and fraud as Mst.Bilquees Bano is not residing on the address given in her plaint as well as she has given my wrong address in her suit.
7. That I am residing in House No.20, Street No.C/4-1, Housing Society Sector I, Naval Colony, Hab Road, Tehsil and District Karachi West, while in her plaint she has given my address as  Resident of House No.40, Gali No.10, Housing Society, Sector-I, Naval Colony, Hub Road, Karachi, intentionally and willfully.
8. That my wife knew my correct and true address as she resided with me at Karachi and her name as well as my name appear in the Voter List, in which address of Mst.Bilquees Bano W/O Munir Ahmed is shown as Resident of House No.20, Gali No.C/4-1, Tehsil and District Karachi West, @ Sr.No.124 of the Voter List and my name is also given in the Voter List on Sr.No.112 in which also the above address is shown.
9. That I am illiterate person I am unable to read any newspaper therefore I was totally unaware about the publication of notice in newspaper. Had I come to know about the pendency of the above family suit through process of this Honourable Court or

3
in newspaper I would have certainly appear in this Honourable Court to defend the case.
10. That since the plaintiff has not come with clean hands in this Honourable Court and has given false and fictitious address of me so that I may not defend the case in this Honourable Court.
11. That if the above exparte judgement and decree are not set aside I will suffer irreparable loss and legal injury and my minor children will also suffer irreparable loss and injury.
12. That it is also settled law that cases should be decided on merits and not on technicalities.
   That whatever stated above is true and correct to the best of my knowledge and belief.
HYDERABAD      DEPONENT DATED    -4-2003.
  The deponent is known to me and is identified by me to the Commissioner for taking affidavit.
       ADVOCATE
  Solemnly affirmed on oath this ___ day of April 2003, by the deponent above named who has been identified by Mr.Ghulam Qadir H.Siyal Advocate to whom I know personally.     COMMISSIONER FOR TAKING AFFIDAVIT
  The contents of this affidavit were truly, audibly and legibly explained to the deponent in his mother tongue who appears to have understood the same perfectly and signed in my presence.      COMMISSIONER FOR TAKING AFFIDAVIT