Nazeer Hussain Ghany vs Mrs. S.Y.N.H. Ghany – CA L.A NO: 03/2009-2013

In the case between Nazeer Hussain Ghany and Mrs. S.Y.N.H. Ghany, the court considered whether the petition pending before the Quazi Court should proceed after the passing of the Petitioner. The matter arose when counsel informed the court of the Petitioner’s death, presenting a certified death certificate and seeking withdrawal of the petition. It was determined that, given these circumstances, the petition could be lawfully withdrawn and formally dismissed. The principles applied reaffirm the procedural rule that petitions abate upon the death of the principal party when no substitution follows, ensuring judicial efficiency and finality in proceedings.

Sisira de Abrew J. — It was established that the Petitioner had died, with proof furnished in the form of a certified death certificate