Friday, March 30, 2012

Application For Suspension of Judgment & Decree


IN THE  COURT  OF  IIIrd. CIVIL  JUDGE AT KARACHI (WEST)
Civil Suit No. 1174/10.
Execution No. 02/11.
                    
                    
Abdul AZiZ Khan        ……………………               APPLICANT

VERSUS

Muhammad Wakeel Khan ……………             RESPONDENT


APPLICATION FOR SUSPENSION OF JUDGMENT
& DECREE UNDER ORDER 39, RULE 1& 2
READ WITH SECTION 151 CPC
                                                       
For the facts and reasons disclosed in accompanying affidavit,   application under Section 12 (2) CPC R/W Section 151 CPC, it is respectfully prayed on behalf of the applicant, abovenamed, that this Hon’ble Court may graciously be pleased to suspend the Judgment dated 29-08-2011 and 29-08-2011 passed by the learned this Hon’ble Court and also stay the Execution Proceedings of the above Judgment and Decree till disposal of application under Section 12 (2) CPC R/W Section 151 CPC.
Ad-interim injunction is solicited.
Prayed accordingly in interest of justice.
Karachi.
Dated:    /03/2012.
Advocate for the Applicant

FOR IMMIDIATE USE ONLY IN COURT
       
IN THE  COURT  OF  IIIrd. CIVIL  JUDGE AT KARACHI (WEST)
Civil Suit No.1174/10.
Execution No. 02/11.
                                                                                 

Abdul AziZ Khan        ……………………               APPLICANT

VERSUS

Muhammad Wakeel Khan ……………             RESPONDENT


AFFIDAVIT IN SUPPORT OF APPLICATION
UNDER ORDER 39, RULE 1& 2 READ WITH SECTION 151 CPC

I, Abdul Aziz Khan Son of Abdul Rashid, Muslim,adult, R/o. House No. C-161, Hasrat Mohani Colony, Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:
1.               That I am Appellant in above titled suit and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:

2.               That the accompanying application U/O. 39, Rule 1 & 2, R/W. 151 CPC has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.

3.               That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.

4.               That  I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated: ­­   /03/2012.
Deponent/Applicant
The deponent identified by me


(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS






IN THE  COURT  OF  IIIrd. CIVIL  JUDGE AT KARACHI (WEST)
Civil Suit No. 812/10.
Execution No. 01 /11.
                    
                    
Abdul AZiZ Khan        ……………………               APPLICANT

VERSUS

Muhammad Wakeel Khan ……………             RESPONDENT


APPLICATION FOR SUSPENSION OF JUDGMENT
& DECREE UNDER ORDER 39, RULE 1& 2
READ WITH SECTION 151 CPC
                                                       
For the facts and reasons disclosed in accompanying affidavit,   application under Section 12 (2) CPC R/W Section 151 CPC, it is respectfully prayed on behalf of the applicant, abovenamed, that this Hon’ble Court may graciously be pleased to suspend the Judgment dated 29-08-2011 and 29-08-2011 passed by the learned this Hon’ble Court and also stay the Execution Proceedings of the above Judgment and Decree till disposal of application under Section 12 (2) CPC R/W Section 151 CPC.
Ad-interim injunction is solicited.
Prayed accordingly in interest of justice.
Karachi.
Dated:    /03/2012.
Advocate for the Applicant


FOR IMMIDIATE USE ONLY IN COURT
       
IN THE  COURT  OF  IIIrd. CIVIL  JUDGE AT KARACHI (WEST)
Civil Suit No. 812/10.
Execution No. 01/11.
                                                                                 

Abdul AziZ Khan        ……………………               APPLICANT

VERSUS

Muhammad Wakeel Khan ……………             RESPONDENT


AFFIDAVIT IN SUPPORT OF APPLICATION
UNDER ORDER 39, RULE 1& 2 READ WITH SECTION 151 CPC

I, Abdul Aziz Khan Son of Abdul Rashid, Muslim,adult, R/o. House No. C-161, Hasrat Mohani Colony, Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:

1.                  That I am Appellant in above titled suit and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:

2.                  That the accompanying application U/O. 39, Rule 1 & 2, R/W. 151 CPC has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.

3.                  That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.

4.                  That  I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.
Dated: ­­   /03/2012.
Deponent/Applicant
The deponent identified by me


(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

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