Showing Page:
1/7
IN THE COURT OF DISTRICT JUDGE AT GWADAR
1. Muhammad Hafeez s/o Iltaf hussain r/o house no.29
block-3/a Gulistane jauhar Karachi
2. Mukthar Ahmed (late) s/o Muahammad Usman through his
legal heirs (a)Aisha Mukthar (widow)(b)Humer Mukthar
(son) (c)Hira zeshan(daughter)(d)Ali mukthar
(son)(e)Anas mukthar (son)r/o flate no.7 block c plot
no.5 north nazim abad Karachi
3. Muhamad Irfan Qureshi s/o muhamad usman qureshi house
no.964/a sector B Abdulla town North Karachi
4. Sunbul zuhra w/o syed shahid Mansoor r/o banglow no5/c
khyabane shajahath phase 5 Defence housing authority
Karachi.
(APPELLANTS/DECREE HOLDERS)
Versus
1. Mumtaz Ali Hashmi s/o Qasim Ali Hashmi R/o house No.250
A Block -5 Gulshane ikbal karachi
2. Tehsildar Revenue District Gwadar
RESPONDENT/JUDGMENT DEBTORS
SECOND AMENDED SUIT
SUIT FOR DECLARATION, PERMENANT INJUNCTION,FROM RESTRAIN TO
DEFENDANT NO.1 NOT TO INTERFERE IN SUIT LAND “DEMARCATION
OF SUIT LAND’ AND PARTITION OF SHARES OF PARTIES 46 ACRES IN
RESPECT OF LAND KH/KH No 13/13 KHASRA NO 74/4 AND INTEKHAL
NO.96 SITUATED AT MOUZA MAZHANI GWADAR
EXECUTION APPLICATION U/O 21 RULE 11 C-P-C
REVISION U/S 115 C-P-C against order Dated 14/03/2020
R/Sir,
The Decree holders/Appellants most respectfully submits as
under in Revision with the permission of Hon’able court:-
Showing Page:
2/7
1. That the above mentioned suit was decreed in favor
of plaintiff’s/decree holders on dated .
(Copy of Judgment and Decree is annexed herewith)
2. That the during execution proceeding Honor able
trial court dismissed the execution application
without using judicial mind therefore Appellant were
aggrieved from this judgment/order and submit
aforesaid Revision u/s 115 on the consideration of
following grounds:
(copy of order 14/03/2020 is attached herewith)
Grounds:
3. That the order of trial court is unwarranted and
without justification therefore liable to be set
aside because during main suit proceeding in trial
court that on dated / / patwari
recorded his oath statement and verified/exhibited
khathoni/intekal no.96 that disputed land were
intact and existed as same position but sad to say
during status quo of land defendant/decree holders
malafidely reduced the decree holders land which was
under proceeding before court.(copy of statement is
annexed herewith)
4. That this is settled principal of law that trial
court shall only execute the decree not go through
over factual circumstances but trial court dismissed
the decree holders execution application which is
contrary to law and order dated 14/03/2020 is
liable to be set aside.
5. That the decree holders purchased the above
mentioned land bonafidely and transferred the land
within time in good faith but sad to say judgment
Showing Page:
3/7
debtor violate the order of court which is liable to
be punished according to code and it is
responsibility of the judgment debtor to comply the
judgment or give compensation according to market
value therefore this order is liable to be set-
aside.
6. That aforesaid order is not speaking which is
completely vague and decree holders are suffering
from great loss due to dismissal of execution
application therefore order dated 14/03/2020 is
liable to be setaside.
7. That judgment debtor no.2 has no authority to
distribute the disputed land himself without inform
the decree holders but judgment debtor no.2 do
nepotism and took bribe external parties and reduce
the share of Decree holders which is totally an
illegal act and liable to be recall of record and
complete the decree holders shares therefore
revision is liable to be accept on merit.
8. That trial court totally ignore the court statement
of representative of tehsildar during proceeding
which is in favor of decree holders therefore order
dated 14/03/2020 is liable to be set-aside.
9. That other points will argued at the time of
hearing this revision application .
PRAYER
Showing Page:
4/7
It is, therefore, most humbly prayed that
this Hon’ble Court may kindly be pleased to allow
this revision application and recover the decree
holders above mentioned land and remanded it to trial
court to complete the execution proceeding on merit
without prejudice for the larger interest of justice
fair play and equity.
Appellant/Decree holders
Through counsel
AFFIDAVIT ON OATH: -
I Muhammad Hafeez S/O iltaf hussain, Muslim, Adult
R/o house no.29 block 3/a gulistane jauhar attorney
of rest of the plaintiffs w do hereby solemnly affirm
on oath and state that whatever submitted above is
true to the best of my knowledge and belief and
nothing concealed.
DEPONENT
Showing Page:
5/7
IN THE COURT OF SENIOR CIVIL JUDGE GWADAR
Muhammad Khalid S/O Saeed Ahmed R/o Gazarwan
Ward Gwadar……………….………………………………….……Plaintiff
Versus
1. Qadir Jan S/O Peer Bakhsh Resident of Sheikh Omer Ward
Gwadar
2. Project Director New Town Housing Schema
Gwadar……………………………………………………….Defendants
SUIT FOR DECLARATION, PERMENANT INJUNCTION ,CANCELLATION
AND CORRECTION OF ENTERIES IN RESPECT OF LAND SITUATED AT
NAYA ABAAD WARD GWADAR
APPLICATION U/O-39 R-1 AND 2 CPC
For the reason disclosed in the accompanying
affidavit it is most respectfully submitted that this
Hon'ble Court may kindly be pleased to grant injunction
in respect of suit land By restraining the defendants
Showing Page:
6/7
from creating any third party interest thereupon the
suit land, and further the defendants their attorney,
representatives be restrained from interfering in
peaceful possession and actual ownership of the
plaintiffs in respect of land in dispute till the final
disposal of the suit.
PLAINTIFF
Attorne
IN THE COURT OF SENIOR CIVIL JUDGE GWADAR
Muhammad Khalid S/O Saeed Ahmed R/o Gazarwan
Ward Gwadar……………….………………………………….……Plaintiff
Versus
1. Qadir Jan S/O Peer Bakhsh Resident of Sheikh Omer Ward
Gwadar
2. Project Director New Town Housing Schema
Gwadar……………………………………………………….Defendants
AFFIDAVIT
I Muhammad Khalid S/O Saeed Ahmed R/o Gazarwan Ward Gwadar
Muslim, adult, R/o Surbandar Gwadar, Plaintiff No. 1 and
attorney of plaintiffs do hereby solemnly affirm on oath
and state as under:-
1. I say that I am plaintiff and attorney of plaintiffs
and am fully conversant to the facts of the case.
2. I say that the accompanied application and plaint is
drafted under and by the instructions of plaintiff as
Showing Page:
7/7
such may be treated as part and parcel of this
affidavit.
3. I say that the plaintiffs made out a prima facie case
and balance of convenience lies with plaintiffs and if
stay is not granted it may cause irreparable loss to
plaintiffs.
4. I say that whatever stated above is true to the best of
my knowledge and belief and nothing concealed.
DEPONENT

Unformatted Attachment Preview

Name: Description: ...
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.
Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4