NINA ANWAR MERCHANT Vs. KARIM UL HAQ MEGHANI

JUDGEMENT

(1.) The instant suit is for administration of the estate of late Gulshan Rehman Meghani, in accordance with her last Will and Testament dtd. 8/7/2020. The applicant/Plaintiff has taken out these Interim Applications for diverse interim reliefs, primarily, to protect the estate of the deceased.

(2.) The background facts can be summerized as under :

(3.) The Defendants have resisted the prayers in the Interim Applications by filing the affidavits in reply. Defendant No.1 has filed affidavits on behalf of himself and Defendant Nos.2 to 4. It is contended that the Plaintiff is guilty of suggetio falsi and suppresso vari. The claim of the Plaintiff suffers from delay and latches. The Plaintiff has no locus to institute the suit. She is not related to the deceased or Rehman Meghani by blood. She is neither an heir nor a next-of-kin of Rehman Meghani. The Plaintiff is, thus, not entitled to institute the suit for administration of the estate of the testatrix, on any ground. The Plaintiff being the daughter of Anwar, brother of the testatrix, has propounded the last Will dtd. 8/7/2020, which has been challenged not only by Defendant Nos.1 to 3, Defendant Nos.5 and 6, but also by Defendant No.10, who is a full brother of the testatrix. As the Will propounded by the Plaintiff is seriously contested, the Plaintiff is not entitled to institute a suit for administration on the strength of the said Will.