IN THE COURT OF IVTH CIVIL JUDGE WEST AT

KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin,

Muslim, adult, R/o Plot No.483,
Sector 12/A, New Saeedabad,
Baldia Town, Karachi………………………………………………………Plaintiff.

Versus

1.Muhammad Alamgir S/o

Muhammad Ismail, Muslim, adult,
R/o House No.478, Sector 12/A,
New Saeedabad, Karachi.

2.Moiuddin S/o Muhammad Alamgir

Muslim, adult, R/o House No.478,
Sector 12/A, New Saeedabad,
Karachi.

3.The Station House Officer

Police Station Saeedabad………………………………Defendants.

SUIT FOR PERMANENT INJUNCTION

The above-named plaintiff most reverently begs

to present his submissions as under:-

1.That plaintiff is law abiding citizen of

Pakistan and by profession is a fisherman.

2.That the defendant No.1 is the Step Father of

plaintiff and the Defendant No.2 is real son of
Defendant No.1, while the defendant No.3 is a
proforma party.

3.That the facts giving rise to file the instant

suit are that in the year of 2011 the plot
bearing No.483, Sector 12/A, New Saeedabad,
Karachi was purchased by the real mother
(Mst.Najma Begum) of plaintiff vide Sale
 Agreement dated. 11.05.2011 on total sale
consideration of Rs.80,000/- moreover the said
sale consideration was paid by the mother &
brother (Shahzeb) of plaintiff & plaintiff
himself as they were/are working hard and
earned the handsome amount.

(COPY OF SALE AGREEMENT IS ANNEXED HEREWITH

AND MARKED AS A)

4.That after entraining into the agreement of

sale the possession was handed over to the
mother of plaintiff and since then the
plaintiff was/is enjoying the possession being
lawful purchaser & legal of heir his mother.

5.That the mother of plaintiff namely Mst.Najma

Begum had contracted second marriage with
Defendant No.1 and from the said wedlock the
Defendant No.2 & one female namely Amina were
born.

6.That in the year of 2016 the mother of

plaintiff has been died, and since then the
plaintiff being lawful owner & legal heir
was/is residing in the suit property.

7.That during the lifetime of mother of plaintiff

the Defendant No.1 had/has an evil eyes over
the suit property as he wants to digest the
same, as such, the Defendant No.1 had put the
mother of plaintiff in dark whereby installed
the electric meter over the suit property in
his name, furthermore the Defendant No.1 & 2
were/are never ever resides at suit property
 for a single moment, to which otherwise the
plaintiff & his brother are residing at suit
property lawfully, in support of possession,
the plaintiff was/is paying charges of
electric bills regularly.

(COPY OF ELECTRIC BILLS ARE ANNEXED HEREWITH

& MARKED AS B TO B/ )
8.That after the death of mother of plaintiff the
Defendant No.1 & 2 were/are trying to
dispossess the plaintiff from suit property at
any moment by force or some other illegal
means, which are not approved in the legal
system, as such, on 26.05-2019 the Station
House Officer of Police Station Saeedabad on
the instigation of Defendant No.1 had illegally
confined/detained the plaintiff at Police
Station, thereafter the Aunt (Khala) of
plaintiff had paid the amount for release of
plaintiff.

9.That on 27.05.2019 the defendant No.1 & 2 came

at the house of plaintiff and issued threats
that in case of not handing over the possession
of suit property to them then the plaintiff
will face the dire consequences and they
forcibly the original file of Rickshaw and
other documents relating to deceased mother of
plaintiff. While they were leaving the spot
once again they warned the plaintiff that in
case of failure, they will forcibly dispossess
the plaintiff from the said house, and in this
regard an application was moved by the
plaintiff to the concerned SHO.
 (COPY OF APPLICATION TO SHO & TCS RECEIPT
ARE ANNEXED HEREWITH AND MARKED C C/1)

10. That apparently the Plaintiff has the

sever apprehensions at the hands of Defendants
that they shall use force for such purpose and
in such circumstances, the plaintiff is
entitled to be protected by this Honorable
Court by granting the an Injunction in favor of
plaintiff to maintain peace and supremacy of
law as a whole, hence this suit for Permanent
Injunction along-with application for interim
relief.

11. That the cause of action accrued to

plaintiff against the defendants, firstly when
the defendant No.1 had put an evil eyes over
the suit property, secondly when the defendant
No.1 had put the mother of plaintiff in dark
and consequently installed the electric meter
on his name, thirdly when the SHO of PS
Saeedabad on the instigation of defendant No.1
has wrongfully detained the plaintiff at PS,
fourthly on 27.05.2019 when the plaintiff was
given threats to vacate the suit property,
hence the cause of action is continuing day by
day.

12. That the suit property is comes with the

territorial jurisdiction of POLICE STATION
SAEEDABAD and this Honorable Court is very much
competent to try & entertain the suit.
 13. That the for the purpose of Court fee the
valuation of suit is of Rs.200/- for which no
court fee is required to be paid.

PRAYER
It is, therefore, beseech that this Honorable
Court may be please to pass a Judgment & Decree in
favor of plaintiff and against the defendants in
the following manners:-

a.To direct the defendants, theirs agents,

servants, men, person or persons, supporters,
attorneys, heirs, assignees, well-wishers,
agents, servants and/or anybody else claiming
on their behalf, not to dispossess the
plaintiff from the suit property bearing
No.483, Sector 12/A, New Saeedabad, Karachi,
without due process of law.
b.Grant any other relief or reliefs which this
Honorable Court may deem fit & proper in these
circumstances.

c.Grant the cost of the suit.

PLAINTIFF

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF

VERIFICATION
I, Moinuddin S/o Jamaluddin, Muslim, adult,
resident of Karachi, do hereby verify the contents
of this plaint that the whatever stated above is
true and correct to the best of my knowledge and
belief.
DEPONENT
The above-named deponent is identified by me.

ADVOCATE
IN THE COURT OF IVTH CIVIL JUDGE WEST AT
KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin………………………………………….Plaintiff.

Versus

Muhammad Alagir & Others……………………………………….Defendants.

APPLICATION U/O XXXIX RULE 1 & 2 CPC R/W

SECTION 151 CPC

For reasons disclosed in the accompanying

affidavit it is most reverently implored on behalf
of plaintiff that this Honorable Court may be
pleased to grant interim injunction, against the
defendants, thereby restraining the defendants,
their agents, servants, nominees, employees,
associates, sub-ordinates, laborers, attorney(s)
and/or anyone else acting on behalf of defendants,
from creating any sort of third party interest in
respect of suit property bearing No. 483, Sector
12/A, New Saeedabad Karachi, and / or making any
sort of attempt to sell or to dispose of or
alienate the same in any manner whatsoever.

KARACHI
DATED: ADVOCATE FOR PLAINTIFF
IN THE COURT OF IVTH CIVIL JUDGE WEST AT
KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin………………………………………….Plaintiff.

Versus

Muhammad Alagir & Others……………………………………….Defendants.

AFFIDAVIT IN SUPPORT OF APPLICATION U/O

XXXIX RULE 1 & 2 CPC R/W SECTION 151 CPC
I, Moinuddin S/o Jamaluddin, Muslim, Adult, R/o
Karachi, do hereby state on Oath as under:-
1. That I am deponent herein and being
plaintiff in the above-noted matter, as such,
am fully conversant with the facts to which I
am deposing.

2. I say that the accompanying application

has been drafted and filed under my specific
instructions.

3. I say that that for the sake of brevity

the contents of accompanying application may
please be treated as part and parcel of this
affidavit.
4. I say that I will be in the interest of
justice to allow the accompanying application.

5. I say that my valuable rights are being

involved and further in all fairness, I have
made out a prima facie good arguable case in my
favor and the balance of convenience and
irreparable loss are also in my favor.

6. I say that unless the accompanying

application is allowed I shall be bound to
suffer an irreparable loss, inconvenience and
injury.

7. That whatever stated above is true and

correct to the best of my knowledge.

DEPONENT
IN THE COURT OF IVTH CIVIL JUDGE WEST AT
KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin………………………………………….Plaintiff.

Versus

Muhammad Alagir & Others……………………………………….Defendants.

LIST OF LEGAL HEIRS

1.Raheeem Son

2.Tania Daughter

3.Sania Daughter

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF IVTH CIVIL JUDGE WEST AT
KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin………………………………………….Plaintiff.

Versus

Muhammad Alagir & Others……………………………………….Defendants.

LIST OF WITNESSES

1. Nizamuddin

2. Tajuddin

3. Nawari

4. Maarfatunisa

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF IVTH CIVIL JUDGE WEST AT
KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin………………………………………….Plaintiff.

Versus

Muhammad Alagir & Others……………………………………….Defendants.

APPLICATION U/O XVIII RULE 18 R/W 151 OF

CPC

It is most reverently implored on behalf of

above-named plaintiff that this Honorable Court may
be pleased to pass an Order and whereby Nazir of
this Honorable Court may please be directed to
inspect the suit property i.e. House No.483 Sector
12/A, Saeedabad, Karachi, for the purpose to verify
the possession of plaintiff, as such, the
defendants are continuously threatening the
plaintiff for dispossession from the suit property.
It is further submitted that the plaintiff is rady
and willing to bear the usual cost of Nazir of this
Honorable Court. It is, therefore, beseech for
appointment of Nazir & ample consideration of this
application in the larger interest of justice,
equity & fair-play.
Prayed accordingly.

KARACHI.
DATED. ADVOCATE FOR PLAINTIFF
IN THE COURT OF IVTH CIVIL JUDGE WEST AT
KARACHI
Civil Suit No. of 2019

Moinuddin S/o Jamaluddin………………………………………….Plaintiff.

Versus

Muhammad Alagir & Others……………………………………….Defendants.

AFFIDAVIT

I, Moinuddin S/o Jamaluddin, Muslim, Adult, R/o

Karachi, do hereby state on Oath as under:-

1. That I am deponent herein and being

plaintiff in the above-noted matter, as such,
am fully conversant with the facts to which I
am deposing.

2. I say that the accompanying application

has been drafted and filed under my specific
instructions.

3. I say that that for the sake of brevity

the contents of accompanying application may
please be treated as part and parcel of this
affidavit.

4. I say that I am enjoying the possession of

suit property since its purchasing, hence this
affidavit in support of application U/O XVIII
Rule 18 R/w 151 of CPC for appointment of Nazir
of this Honorable Court to inspect suit
property for the purpose to verify that whether
I am in possession of suit property or not.

5. That whatever stated above is true and

correct to the best of my knowledge.

DEPONENT