IN THE COURT OF SR. CIVIL JUDGE KARACHI
(Civil original Jurisdiction)
Civil suit #. /2004
M/S. Kathiawar
Co-Operative
Housing Society LTD, through
Honorary
General Secretary,
Karachi …………….………..………
………... Plaintiff.
VERSUS
Chief
Controller of Building
Having its office at Annex Building
Civic Center, University
Road
SUIT FOR MANDATORY INJUNCTION
The plaintiff above named most respectfully implores as under:-
That the
plaintiff is well known Co-operative Housing Society Registered under
the Co-operative Societies Act, bearing
Registration # S-554, vide dated 25th February ,1948, having its
office at AdamJee Nagar, Block ‘A’, Tipu Sultan Road Karachi. Plaintiff is
serving its members for the last more than half of century, on non political
and non commercial basis.
That the plaintiff has 99 years lease hold rights of
plot as plaintiff was allotted 7 Amenity plots including present one. (Photo
state copy of Certificate of KCHS Union Limited dated
20.03.2004 is appended herewith and marked as ‘A’).
That the plaintiff got Building plan approved from the
Karachi Building Control Authority on 5.04.1974 and constructed Community
Centre accordingly. ( photo copy of letter and Building plan are appended here with and marked as ‘B’ and ‘C’).
That the plot is being used since 1974, for members of
the society and residents of the area for matrimonial, religious (Traveeh) and Eid
prayers etc.
That due to existence of Hamdard University in front
of the plot # SNPA-30, Car parking problem became acute, which needed solution.
The plaintiff therefore re-planned the community centre by making a provision
of car parking Area of about 1/3rd size of the plot within the compound of the
plot and entrusted the works of preparing the plans to the engineer, while the
plaintiff was in the process of submitting the plan, a notice was received of
unauthorized construction from defendant to which plaintiff replied. But
demolition squad of the defendant demolished the structure.
That on 28.06.2004, plaintiff met the Controller of Building Mr. Akhter
Ahmed in his office, who advised to make some correction in the proposed plan
and to re-submit the same in his office.
That the plaintiff on 2.07.2004 again approached the
office of defendant for some further clarification with the engineer on
suggested correction of the Controller of Building but he was informed that the
Chief Controller/defendant has ordered to demolish the Community Centre
constructed by plaintiff on plot # SNPA-3-on Tuesday 06.07.2004.
That the decision of defendant to demolish the
construction raised by plaintiff on plot # SNPA-30 is absolutely illegal, based
on malafide and ill-will toward the plaintiff as the defendant should first
decide the approval of plaintiff’s plan and should exercise its discretion in
favor of the public interest and not arbitrary and in present circumstance
defendant are not entitled to demolish construction raised there on.
That interference/disturbance of the defendants in the
renovation work of the plaintiff is absolutely illegal and without lawful
authority as defendants have no right in any way to interfere, hence present
suit having no other alternate as defendants are violating the civil rights of
the plaintiff and no body including the defendant.
That the cause
of action accrued to the plaintiff against the defendants firstly on 28 -06-2004,
secondly on 02.07-2004 when plaintiff came to know about the decision of
defendant about demolition of plaintiff’s construction and it remained to
continue day to day till the filing of this suit within the local limits of police
station Baharabad Karachi East as cause
of action accrued therein as the property also situates therein and the same is within the
territorial jurisdiction of this court.
That for the purpose of pecuniary jurisdiction, the
suit is valued at RS. 200/- for injunction for which no court fee is required
to be affixed.
P R A Y E R
The plaintiff therefore prays for judgment
and decree in its favor and against defendant as under.
Permanently restrain the defendants, their agents and all other person (s) working for them and
on their behalf in any manners, from interfering/disturbing and to demolition
construction raised by plaintiff through
its contractor on plot # S.N.P.A 31,
Amenty, Area Block # 7 & 8 Kathiawar Co-operative Housing Society Ltd
Karachi .
To direct the defendant to proceed and approve the
plan of plaintiff and regularize the
construction so raised by plaintiff on plot #
S.N.P.A 31, Amenty, Area Block # 7 & 8 Kathiawar Co-operative
Housing Society Ltd Karachi.
Cost of the suit.
Any other equitable
relief (s) as this Honorable Court may deem fit and proper under the
circumstances of this suit.
Dated: 05 -07-2004. Plaintiff
APPLICATION UNDER ORDER XXXIX RULE 1 & 2
READ WITH SECTION CODE OF CIVIL
PROCEDURE
On consideration of facts and grounds disclosed in the
accompanying affidavit, as well as in main plaint, it is most respectfully
prayed on behalf of the plaintiff above named that this Honorable court may be
pleased to grant injunction, restraining, therein to the defendant their agents
person (s) working for them and on their
behalf in all manners, from
interfering/disturbing and to demolition the
construction raised by plaintiff through its contractor on plot # 31, Karachi
pending disposal of this suit.
An ad interim injunction is to be
solicited mean solicited mean while in terms of main prayer in the greater
interest of justice and equity.
Karachi.
Dated: 05 -07-2004 Advocate for
the plaintiff
A F F I D A V I T
That I am plaintiff in
the above matter, as such am fully conversant with the facts thereof.
That the accompanying
application under Order XXXIX Rule 1 & 2 read with Section 151 Code of
Civil Procedure has been drafted and
filed by my counsel under my specific instructions, contents therein are true
and correct.
That I have good prima facie case
and balance of convince lies in my favor as the defendant is illegally and
without lawful authority interfering/disturbing in construction
work, which is being carried on by plaintiff through its contractor over plot #
S.N.P.A 31, Amenity Area Block # 7 & 8 Kathiawar Co-operative Housing
Society Ltd Karachi for which plaintiff has 99 years lease hold rights.
That for the seek of brevity,
I adopt the contents of accompanying application as well as main
plaint as an integral part and
parcel of this affidavit and in order to
avoid duplication do not repeat the same.
That I say that plaintiff shall be
seriously prejudiced and shall suffer an irreparable loss, until accompanying
application is allowed.
That whatever stated above is true
and correct to the best of my knowledge, information and belief.
Karachi.
Dated: DEPONENT
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