Safia Bibi

  • November 2019
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IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2001 Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No. 9-M, Gujjar Khadda, near Jame Masjid Teen Sazan, Multan. Petitioner VERSUS 1. 2. 3. 4. 5. 6. 7. 8.

Mst. Umme Khair widow Qari Abdul Majeed Abdul Khabir Faiz Ahmad Abdul Shakoor Abdus Samee sons Abdus Salam Abdul Mannan minor through respondent No. 3. 9. Abdus Sattar (deceased) 9(a) Shodi Bibi widow 9(b) Abdul Tawwab 9(c) Abu Bakar minor sons Hafiz 9(d) Shams-un-Nisa Abdus Sattar Muhammad 9(e) Zeb-un-Nisa daughters Ramzan, 9(f) Rizwana caste Baloch 9(g) Lucky minor 9(c) & 9(g) through real mother resp. No. 9(a). 10.Mst. Shehzadi 11.Mst. Jamila Begum 12.Mst. Fakhar-un-Nisa 13.Mst. Abida Parveen Daughters 14.Mst. Zahida Parveen minors 15.Mst. Naz Parveen through 16.Mst. Tehmina Bibi Abdul Khabir Resp. No. 3. All residents of H. No. 2512/A, Altamash Road, Gujjar Khadda, Multan. Respondents

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That a suit for declaration regarding property No. 2513, Ward No. 9-M,

Al-Tamash

Road,

Gujjar

Khadda,

Multan,

titled

“Muhammad Ramzan Vs. Zenab Bibi” was filed on 26.4.82 by the predecessor of the respondents namely Hafiz Muhammad Ramzan against the predecessor of the petitioner namely Mst. Zenab Bibi. During the course of proceedings of this suit, the case was consigned on the statement of plaintiff (Muhammad Ramzan) on 8.5.83 vide order dated 8.5.83 as well. Copies of the plaint, statement of plaintiff and order are annexed as Annexes “A & B”. 3. That after the lapse of about 2-1/2 years, the respondent filed an application U/s 12 (2) C.P.C. against the order dated 8.5.83. This application was resisted and vehemently contested by the Mst. Zenab Bibi, the mother of present petitioner. Reply of this application was filed on 19.12.85. Eleven issues were framed on the controversies alleged by the parties in the course of their pleading. Copies of application U/s 12 (2) C.P.C., amended petitions as well as, reply and issues are Annexes “C, D & E”. 4. That the parties produced their evidence in support of their version. The applicant Muhammad Ramzan appeared as AW-1 and produced Muhammad Basheer as AW-2 and Muhammad Ramzan son of Haji Muhammad Din as AW3. In support of their contention, they tendered Ex. A/1 to Ex. A/3. On the other hand, Mst. Zenab Bibi, the mother of the present petitioner appeared as RW-1. The learned trial court dismissed the application vide

order dated 25.6.96. Copies of evidence and order are Annexes “F & G” respectively. 5. That the respondents filed a Revision Petition against the order dated 25.6.96 passed by trial court on 21.9.96, and this Revision Petition was accepted by the learned Additional District Judge, Multan, vide judgement dated 16.11.2000. Copies of the Revision Petition and judgment are Annexes “H & J”. 6. That the impugned judgment dated 16.11.2000 is liable to be set aside inter alia on the following: GROUNDS i) That the impugned judgment is against the norms of natural justice and law of Equity. ii)

That the impugned judgement is against the prevailing law and principles of justice.

iii)

That the learned Appellate Court did not apply independent mind and relied upon its own knowledge which is not permissible under the law.

iv)

That the learned Appellate Court did not decide the case issue-wise and gave the impugned finding in a narrative form, which is not admissible under the law.

v)

That the learned Appellate Court neither discussed the evidence of the parties nor quoted the arguments and in the absence of both the material facts, the impugned finding could not be treated as judgment.

vi)

That the learned Appellate Court did not indicate any mis-reading or non-reading of evidence.

vii)

That the learned Appellate Court did not indicate any material irregularity committed by the learned Trial Court.

viii) That the learned Appellate Court commenced upon the irrelevant matters which were not the subject matter before the court.

ix)

That the learned Appellate Court tried to give undue benefit to the other party by making definite findings in non-judicial manners.

x)

That the learned Appellate Court did not consider the document Ex. A-3 as a whole, in its true sense according to letter and spirit of the said document.

xi)

That the impugned judgment has caused a great miscarriage of justice to the petitioner.

7.

That the petitioner has no other adequate, efficacious and speedy remedy under the law except to invoke the Constitutional jurisdiction of this Hon’ble Court. Keeping in view the above-mentioned facts, it is respectfully prayed that the impugned judgment dated 16.11.2000 passed by learned Additional District Judge be set aside by upholding the order dated 26.6.96 passed by the learned Civil Judge, Multan. Any other writ, order, direction or relief which this Hon’ble Court deems fit, may please be extended in the favour of petitioners to meet the ends of justice. Humble Petitioner,

Dated: ___________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. ______________/2001

Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

AFFIDAVIT of: Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No. 9-M, Gujjar Khadda, near Jame Masjid Teen Sazan, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of April 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================

Respectfully Sheweth:That certified copies of Annexures “A to J” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANT Dated: __________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

DISPENSATION APPLICATION. AFFIDAVIT of: Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No. 9-M, Gujjar Khadda, near Jame Masjid Teen Sazan, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of April 2001 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2001 Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Urgent Form

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

Copies of the plaint, statement of plaintiff A & B and order. Copies of application U/s 12 (2) C.P.C., C, D & E amended petitions as well as, reply and issues. Copies of evidence and order. F&G

6 7 8 9

Copies of the Revision Petition and judgment. Application U/s 151 C.P.C.

10

Affidavit.

11

Application U/O 32, Rule 1 C.P.C.

12

Affidavit.

13

Application U/O 32, Rule 1 C.P.C.

14

Affidavit.

15

Vakalatnama

H&J

PETITIONER, Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001

Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

APPLICATION U/S 151 C.P.C.

Respectfully Sheweth: 1. That the contents of main petition may please be treated as part and parcel of this application. 2. That the respondents are adamant to misappropriate the ancestral property of the applicant. 3. That the ejectment application of the predecessor of the respondents was dismissed. Again the plea was raised through the suit of possession to dispossess the applicant. When there was no way then, the petition under section 12 (2) C.P.C. and the Revision Petition was filed to deprive the applicant from the suit property. 4. That the plea of compromise was also after thought and having no value in the eyes of law.

5. That the suit in lower court is in progress and on the basis of forged documents, the respondents are again trying to complete their evil designs. 6. That the proceeding in the lower court may cause a great miscarriage of justice to the applicant. It is, therefore, humbly prayed that till the decision of the main petition, the proceedings in the lower court may please be stayed. Any other relief, which this Hon’ble Court deems fit, may please be granted to the applicant. Humble Applicant, Dated: ________ (Mst. Safia Bibi) Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

APPLICATION U/O 32, RULE 1 C.P.C. AFFIDAVIT of: Mst. Safia Bibi daughter of Abdul Aziz, wife of Malik Allah Ditta, caste Baloch, R/o H. No. 2513, Ward No. 9-M, Gujjar Khadda, near Jame Masjid Teen Sazan, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of May 2001 that the contents of this affidavit are

true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001

Mst. Safia Bibi

Vs.

Mst. Umme Khair etc.

APPLICATION U/O 32, RULE 1 C.P.C.

Respectfully Sheweth: 1. That the contents of main petition may please be treated as part and parcel of this application. 2. That Mst. Shodi Bibi {respondent No. 9(a)} is the real mother of respondents No. 9(c) & 9(g) and also residing with them. 3. That the minors are being sued through the respondent No. 9(a) as no benefit of minors is in collusion with respondent No. 9(a). 4. That the respondents No. 9(c) and 9(g) are unable to defend in the titled case, thus, it is necessary to appoint the guardian ad litum. It is, therefore, respectfully prayed that the respondent No. 9(a) may please be appointed as guardian ad litum to defend the lis in the interest of justice. Humble Applicant Dated: ________ Through: Hammad Afzal Bajwa,

Sheikh Muhammad Faheem,

Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

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