Permanent Injunction

IN THE COURT OF SR. CIVIL JUDGE

AT KARACHI EAST
                                                 Civil Suit #           /2012.

ASIM ALI           ………………………………   PLAINTIFF

VERSUS

1).     Federation of Pakistan through

          Ministry of Defence, Pak

          Secretariat-II, Rawalpindi.

2).     President Cantonment Board,

Faisal Cantt, Shahra.e. Faisal, 

Karachi.

3).     Cantonment Executive Offier,

Cantonment  Board Faisal Cantt,

Shahra.e. Faisal Karachi.

4).     Syed AKBAR HUSSAIN

son of Safdhar H. Zaidi,

Muslim adult, resident of  Flat #. 53,

National Complex, Block 10-A,

Gulshan-e-Iqbal,

Karachi. ………..……………………      DEFENDANTS

SUIT FOR PERMANENT INJUNCTION

The plaintiff, above named, submits as under:-

1.                 That the defendant No. 1 is Performa party and is constitutional requirement to be cited, having controlling authority and supervising the affairs of the Cantonment Boards in all over the country. 

2.                 That Mrs. Shamim Asghar Abbas w/o. Asghar Abbas who is exclusive owner of the Flat #. E-207, 2^nd. Floor, Shamail Garden, Gulistan-e-Johar, Block 19, Matan Road, Karachi,  is relative of the plaintiff handed over the physical possession of the said FLAT inducted the plaintiff to reside to look after, supervision, because she is residing abroad. The plaintiff is residing since June 2010, and regularly paying the utility bills of the said FLAT. Photocopy of Utility Bills is annexed herewith and marked as Annexure “A” to “B”.

3.                 That since last one week from 20^th. day of  September 2012, the officials of defendant # 1 and 2 are coming at the door of  plaintiff along with defendant # 3 and directing to vacate the flat as the same belongs to the defendant # 4.

4.                 That the plaintiff showed all his documents regarding the flat but officials of defendant # 1 and 2 are not ready to understand the position but are bent upon to eject the plaintiff and his family from the flat in question with the pretext that defendant #.4 is the owner and has right to get its possession as the officials are saying that they have instruction from their Superior/Higher authorities and this task has been assigned to them. The plaintiff has sever apprehension that defendant # 3 on the bayonet of defendant # 1 and 2 will eject him for which they are not legally entitled.

5.                 That on 25-09-2012, defendant # 3 again came at the flat and threatened that he has managed to out him with the help of officials of the Cantonment Board. The defendant  1 and 2 in  the area have only powers on municipal point of view but the law has not delegated them judicial powers to be  exercised and such directions are absolutely ab initio and liable to be struck down by judicial verdict.

6.                 That the defendant # 3  along with staff of defendant # 1  and 2 are coming to the site and harassing the  plaintiff and his family and making attempts to get the possession of flat in question by force.

7.                 That the defendant # 1 to 3 have no authority under the law to take possession of the flat in question by force on gun point and their act is liable to be checked  and restrained being illegal.

8.                 That the defendant # 1 to 3  are permanently harassing and threatening the plaintiff to give possession of the flat in fact for which no decree for handing over the possession has been passed from court of law but they are using illegal manners for which law does not permit them.

9.                 That the plaintiff rushed to the Town Police Officer but all efforts of the plaintiff  ended in smoke when the Town Police Officer did not pay any heed and  replied to sue the responsible, hence present suit having no alternate.

10.            That the cause of action accused to the plaintiff against the defendants firstly on 20-09-2002, when officials of  defendant #  1 and 2 came at flat along with defendant # 3 and attempted to take over the possession of the flat in question  and the same remained to continue day to day till the filing of this civil suit within  the local limits of police station  Shahra-e-Faisal  as the office as the office of defendant # 1 and 2  situates therein and the same is within the territorial jurisdiction of this court.

11.            That suit for the purpose of jurisdiction the suit  is   valued at RS. 400/- and for the purpose of injunction is valued of RS. 200/-, for which no court fee is required to be affixed but this will be 1^st  Class Civil Suit being a Government party.

P R A Y E R

The plaintiff, therefore, pray for judgment and decree in his favor and against the defendants as under:-

a)     To grant permanent injunction against the defendants their agents, attorneys representative, assigns and all other person(s) working for them and on their behalf have no authority and power under the law to harass and black mail the plaintiff in any manner and use force  for taking possession of Flat #. E-207, 2^nd. Floor, Shamail Garden, Gulistan-e-Johar, Block 19, Matan Road, Karachi,  with out due course of law.

b)    To restrain the defendants, their agents, attorneys, representatives, assigns and all other person(s) working for them and on their behalf  perpetually from harassing and black mailing the plaintiff  for taking possession of  Flat #. E-207, 2^nd. Floor, Shamail Garden, Gulistan-e-Johar, Block 19, Matan Road, Karachi,  on gun point   without due course of law.

c)     Any other equitable relief(s) which this Honorable Court deems fit and proper under the circumstances of this suit.

 Karachi.                                                                  

 Dated :  29- 09-2012.

PLAINTIFF

ADVOCATE

 

APPLICATION UNDER ORDER XXXIX RULE 1 & 2

R/W SECTION 151 CODE OF CIVIL  PROCEDURE

On consideration of facts and grounds, incorporated in the accompanying affidavit, it is most respect fully prayed on behalf of the plaintiff above named that this Honorable Court may be please to  restrain the defendants, their agents, attorneys, representatives, assigns and all other person(s) working for them and on their behalf   from harassing and black mailing the plaintiff  for taking possession of  Flat #. E-207, 2^nd. Floor,Shamail Garden, Gulistan-e-Johar, Block 19, Matan Road, Karachi, on gun point   without due course of law pending disposal of this suit.

An ad interim injunction is to be solicited mean while in terms of main prayer.

Prayer is made most earnestly with clean hands in the interest of justice and equity.

Karachi.

Dated: 29-09-2012.

ADVOCATE FOR THE PLAINTIFF

AFFIDAVIT

I, ASIM ALI son of Hashim Ali Naz , Muslim, adult, resident of Flat #. E-207, 2^nd. Floor,Shamail Garden, Gulistan-e-Johar, Block 19, Matan Road, Karachi, do hereby state on oath as under:-

1.                 That I am plaintiff in the above matter and am fully conversant with the facts of this case and able to depose the same.

2.                 That accompanying application for injunction under order 39 rule 1 & 2 Code  of civil procedure has been drafted and filed by may counsel under my specific instructions, contents there in are true and correct to the best of my knowledge, information and belief.

3.                 That I have good prima facie case and balance of convenience lies in my favor and there is likelihood that, I shall win the case incarceration.

4.                 That  for the sake 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.

5.                 That until the application is granted, I shall be seriously prejudiced and suffer an irreparable loss.

6.                 That whatever stated above is true and correct to the best of my knowledge and belief.       

Karachi.

Dated: 29-09-2012.

          Deponent

 

The deponent above name is identified by me.

  

ADVOCATE