APPLICATION U/S 12(2) CPC R/W SECTION 151 CPC

 

IN THE COURT OF VII SENIOR CIVIL JUDGE AT KARACHI CENTRAL

 

SUIT No 989/2014

Ex. No. 15/2019

Muhammad Arshad & another …………………….……Plaintiff/D.H.

 Verus

 Muhammad Nadeem & another ……………………... Defendant/J.D.

 

 

1.    Muhammad Swalheen

S/o Muhammad Fazal

Since deceased through his legal heirs

 

2.    Mst.Amatul-Maeen

W/do Muhammad Swalheen,

Muslim, Adult,

R/o House No.18, Block No.13,

Sector No.5-G, New Karachi

through her attorney son Muhammad Zakir............Applicant/intervener

 

 

APPLICATION U/S 12(2) CPC

R/W SECTION 151 CPC

 

           For the facts and reasons disclosed in the accompanying affidavit,   It is respectfully prayed on behalf of the applicant No.2 as well attorney of applicant No.2,4,5 & 6 is executed in favour of the applicant No.2 that this Honourable Court may be pleased to set aside impugned Judgment dated         30-3-2019 and Decree dated: 03-04-2019 passed by this Honourable Court in above said suit and the judgment & decree has been obtained by fraud and misrepresentation and this Hon’able court may be pleased to set aside judgment dated 30-3-2019 & decree dated 03-04-2019 on consideration of following facts and grounds:-

Original Power of attorney executed by applicant No.2,4,5 & 6 in favour of the applicant No.2 is enclosed as Annexure-A

 

1.      That the decree holders filed the above suit bearing No.989/2014 on          15-09-2014 against the defendants/JD namely Muhammad Nadeem & Muhammad Ameen before this Hon’able court for the Recovery of amounting to Rs.28,00,000/-.

 

2.      That the decree holders with malafide did not make the party to the applicant No.1 (Muhammad Swalhen) in the above suit, as such the applicant No.1 who was necessary party in the suit at the time of his aliveness, it is submitted that the applicant No.1 (Muhammad Swalhen) died on 05-12-2016 after the filing of suit and leaving behind the following legal heirs:-

 

1.    Mst.Amatul-Maeen                Widow

2.    Muhammad Zakir                  Son

3.    Mst.Saeeda                          Daughter

4.    Mst. Razia Begum                 Daughter

5.    Mst.Azra Begum                   Daughter

 

Photocopy of death certificate of Muhammad Swalhen

is enclosed as Annexure-A

 

3.      That the applicants/interveners No.3 to 6 are real cousins of the defendants/JD and the subject property bearing No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi was gifted by the defendants/JD’s father namely Muhammad Hanif S/o Muhammad Fazal to his son Muhammad Ameen S/o Muhammad Hanif (defendant No.2) and his brother deceased Muhammad Swalheen S/o Muhammad Fazal who was died on         5-12-2016 and the both persons are the equal share holder in the above property.

Photocopy of the KDA transfer order dated 10-6-1996

is enclosed as Annexure- B

  

4.      That decree holders fraudulently did not make the necessary party of the share holder of property namely deceased Muhammad Swalhen who should have been made a party in above suit but plaintiffs/DH did not make him necessary party despite knowing this fact by plaintiffs/DH that the Muhammad Swalhen is joint share holder in the above property, it is worthwhile to mention here that the plaintiff/DH No.2 as well attorney of plaintiff No.1 who in his examination in chief produced CDGK Certificate and the same was  Exhibited as P/3 by this Hon’able court which is clearly shows that the Muhammad Ameen and deceased Muhammad Swalhen are the joint share holder in property bearing  No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi.

Photocopy of CDGK certificate dated 26-4-2010

is enclosed as Annexure-C

 

5.      That this Hon’able court has passed the decree dated 3-4-2019 in favour of the Plaintiffs/DH in respect of mortgaged Quarter No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi which is joint property in the name of Muhammad Ameen (defendant/JD No.2) and deceased Muhammad Swalheen and after the death of Muhammad Swalhen the applicants No.2 to 6 are legally share holder in subject property admeasuring 112 square yards as such the decree holders have concealed this fact from this Hon’able court and they have committed fraud and misrepresentation and the said decree is liable to be set aside.

 

6.      That decree holders has obtained the decree by way of fraud and they malafidely did not make the party as a defendant to the applicant No.1 (deceased Muhammad Swalhen) during his aliveness and after his death all the legal heirs should be made a party. The decree holder with malafide & fraud deprived all the legal heirs from their ancestor property and all the legal heirs are affected after passing the decree.   

 

7.      That due to the family issues the relation between the defendants/JD and applicants were become sour so that the applicants made the separate door of the house, the applicant/intervener No. 2 who is the widow of the deceased Muhammad Swalhen who is in old age and living with her son namely       Zakir Hussain (applicant No.3) and the applicants/intervener No.4 to 6 are married women who are living with their husbands houses, all of the legal heirs were unaware from the above suit which was filed by the Plaintiff/DH and litigated between plaintiffs/DH and Defendants/J/D. 

 

8.      That plaintiffs/DH with the collusion of Defendants/JD they fraudulently executed forged Iqrarnama dated 09-07-2010 in respect of loan or otherwise which was obtained by the defendant/JD No.1 from the plaintiffs/DH and according to said Iqrarnama the defendant/JD No.2 handed over the original documents of house bearing No. No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi without the consent of deceased Muhammad Swalhen and there is not signature of Muhammad Swalhen being the joint share holder of the above property and it is submitted that at the time of executing the Iqrarnamad dated 09-07-2010 Muhammad Swalhen was alive neither the plaintiffs/DH approached him nor deceased Muhammad Swalhen was aware about the said Iqrarnama. The plaintiff No.2 as well attorney of plaintiff No.1 has produced the said IQRARNAMA date 09-07-2019 in his examination in chief was Exhibited P/2 before this Hon’able Court the decree was passed on a void documents/Iqrarnama which is liable to be set aside.      

 

9.      That all the contents in IQRARNAMA dated 09-07-2010 was executed in favour of the Plaintiff/DH No.1 and Defendant/No.2, in Para No.9 &10 of the IQRARNAMA there is mentioned that after selling the house No. No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi             Muhammad Arshad (Plaintiff/DH No.1) will pay half of the amount of said property to Muhammad Nadeem (Defendant No.1/JD) and no any Para of IQRARNAMA shows the share of the applicant No.1 deceased Muhammad Swalhen and also not considered his share which shows malafide, fraud and misrepresentation on the part of Plaintiffs/DH & Defendants/JD in order to grab the share of the above property.

 

10.   That the original documents of the suit property was lying in custody of the defendant/JD No.2 and the plaintiffs/decree holders with the collusion of defendants/JD kept the documents as mortgage or otherwise this facts was not known by the applicants and filed the above suit bearing No.989/2014 and decree holder obtained the decree without making the necessary party as a joint share holder to the applicant No.1 and after the death his legal heirs who are now the legally share holder in the above suit property bearing No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi which is still undivided property admeasuring 112 square yards and the said decree is liable to be set aside.

 

11.   That the applicants/intervener learnt about the passing of the decree about one month before when the bailiff of the court came to house of the applicants and asking to vacate the premises.         

 

PRAYER

 

     It is respectfully prayed on behalf of applicants that this Honourable court may be pleased to accept the instant application and to set aside impugned judgment 30-3-2019 & decree 03-04-2019 obtained by fraud and misrepresentation. 

         

Any other relief which the applicants are entitled also awarded.

 

Karachi

Dated:                                                          Advocate for the Applicant

IN THE COURT OF VII SENIOR CIVIL JUDGE AT KARACHI CENTRAL

 

SUIT No 989/2014

Ex. No. 15/2019

 

Muhammad Arshad & another …………………….……Plaintiff/D.H.

 

Versus

 

Muhammad Nadeem & another ……………………... Defendant/J.D.

 

 

Muhammad Swalheen

S/o Muhammad Fazal

Since deceased through his legal heirs

& others ………………..……………………............Applicants/intervener

 

AFFIDAVIT APPLICATION U/S 12(2) CPC

R/W SECTION 151 CPC

 

I, Muhammad Zakir S/O Muhammad Swalheen, Muslim, Adult, R/o House No.18, Block No.13,Sector No.5-G, New Karachi as well attorney of the applicants No.2,4,5 & 6, do hereby state on oath as under:-

 

1.            That I am applicant/ intervener as well attorney of applicant No.2,4,5 & 6 in this matter, and well conversant with the facts of the case.

 

2.            That the contents of accompanying application has been drafted and written under my specific instructions, which are true and correct and for the sake of brevity the contents whereof be treated as an integral part of this affidavit.

 

3.            That the applicants/intervener are share holder in decreetal property bearing No.13/18, admeasuring 112 square yards, Sector 5-G, North Karachi and the decree holders concealed this fact that the applicant No.1 deceased Muhammad Swalhen is share holder in above property and also not made him the necessary party and obtained the judgment 30-03-2019 & decree date 03-04-2019 by committing fraud and misrepresentation and the said decree is liable to be set aside.

 

4.            That until and unless my accompanying application allowed, I shall be seriously prejudiced.

 

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

 

 

KARACHI:                                                                         DEPONENT

DATED:                                                                 CNIC #________________

                                                                             CELL#________________        

 

APPLICATION FOR ISSUANCE OF ARREST WARRANT U/O 21 RULE 37 CPC

 

IN THE COURT OF XTH ADDITIONAL SESSIONS JUDGE AT KARACHI (SOUTH)

 SUMMARY EXECUTION NO.04 OF 2018

 

Naeem Ahmed Mali…….……………………………PLAINTIFF

 

Versus

 

Muhammad Nadeem………………….        …..   DEFENDANT

 

 

APPLICATION FOR ISSUANCE OF ARREST WARRANT U/O 21 RULE 37 CPC

  

For the facts and reasons disclosed in the accompanying affidavit, it is most respectfully prayed on behalf of the Decree Holder that this Honourable Court may be pleased to allow the instant application and further be pleased to pass an order for arrest against Judgment Debtor as the J.D deliberately is not appearing before this Hon’able court to pay decree amount to  Decree Holder.  

 

Prayed accordingly in the interest of justice.

 

KARACHI

DATED:    .08.2019          ADVOCATE FOR DECREE HOLDER

    

 

  

IN THE COURT OF XTH ADDITIONAL SESSIONS JUDGE AT KARACHI (SOUTH)

 SUMMARY EXECUTION NO.04 OF 2018

 

Naeem Ahmed Malik …………………………………PLAINTIFF

 

Versus

 

Muhammad Nadeem………………………………DEFENDANT

   

A F F I D A V I T

 

     I, Naeem Ahmed Malik S/O Muhammad Aslam Malik R/o Plot No.D-2 , Do Talwar Clifton Karaci, do hereby state on Oath as under:

 

1.      That I am the deponent of this affidavit as well as the Decree Holder in the above matter hence well conversant with the facts of the case.

 

2.      That I say that the accompanying application has been drafted and filed by me, the contents whereof may be treated as part and parcel of this affidavit for the sake of brevity.

 

3.      That I say that this Honourable Court has allowed the execution application on 31-07-2019 but the Judgment Debtor did not comply the Order of this Honourable Court, therefore it is necessary to issue warrant of arrest against the Judgment Debtor.

 

4.      That until and unless my Application is not allowed, I shall suffer irreparable loss and the cause of justice shall be frustrated.

 

5.      That whatever stated hereinabove is true and correct to the best of my knowledge and belief.

 

 

Karachi

Dated:  -08-2019             DEPONENT____________

                          CNIC No______________

                          Mobile No.___________

B.A U/S 56, 66, 66 (A) 74 of Pakistan Copy Right Ordinance.

  

IN THE COURT OF  DISTRICT AND SESSION JUDGE, SOUTH AT KARACHI.

Cr. Bail Before Arrest Appl. No.             / 2009

  

1.     Shaikh Muhammad Shakeel

S/o Shaikh Abdul Salam, Muslim, Adult,

R/o H.No. C-137, North Nazimabad,

Block-A, Karachi.

 

 

2.     Yasir S/o Abdul Shakoor,

Muslim, Adult, R/o H.No. C-5,

Plot SAB, Katchi Memon Society,

Karachi--------------------------------------------Applicants / Accused

 

 VERSUS

 

The State ------------------------------------------------------------Respondent.

  

                                                                             FIR No. 491 / 2009.

                                                                             U/S 56, 66, 66 (A) 74 of

Pakistan Copy Right Ordinance.

P.S. Garden.

 

 APPLICATION FOR BAIL BEFORE ARREST

U/S 498 Cr.P.C.

 

       It is respectfully prayed on behalf of the applicants abovenamed that this Hon’ble Court may graciously be pleased to enlarge him on bail before arrest, on the consideration of following facts and grounds:

FACTS

        Brief facts of the case narrated by the complainant namely Arshad Saeed Khan S/o Saeedullah Khan are that he is residing at above mentioned address and working in a Premier Corporation since last 24/25 years and the above mentioned accused persons committed the offence cognizable U/s 56/66/66.A/74 PPC Ordinance 1962, by selling WAGNER OIL 2^nd hand in the name of complainant’s company at inside Shops No. 17-3, KMC-21, Market, Garden, Karachi. The complainant reported the matter at police station for legal action.

 

According to the contents of FIR, the offence against the accused person abovenamed falls 66/66-(A)/71 of Copy Right Ordinance 1962, hence this bail before arrest application on the following grounds:

GROUNDS

 

1.        That the applicants are innocent and falsely implicated in this case with malafide intention and ulterior motives, as they did not committed any offence.

 

2.           That there is huge delay between 2006 to 2009 and no explanation by the complainant has been given to the prosecution, hence case needs further inquiry.

 

3.           That the applicants are only shopkeepers and not the manufacturers and due to their detention, their families shall suffer irreparable losses.

 

4.           That the complainant is not competent to lodge the FIR against the applicants.

 

5.           That no any witnesses mentioned in the FIR, who saw the applicants to commit such offence.

 

6.        That applicants are not charged in the case, which falls within prohibitory clause of section 497 (II) Cr.P.C.

 

7.        That all the allegations against the applicants are false  and fabricated and the complainant falsely implicated just to rivalry / enmity between them and for the purpose of the blackmailing.

 

8.        That the complainant lodged the case against the Applicants on malafide intentions and ulterior motives, just to blackmail, harass and humiliate the applicants in the eyes of society, relatives and mohallah peoples.

9.        That as stated above there is business rivalry / dispute between the parties, therefore in such circumstances instant case need further inquiry and the applicants are entitle for grant of pre-arrest bail by this Hon’ble Court.

 

10.     That offence above mentioned does not fall under the prohibitory clause of Section 497 Cr.P.C. and bail in such cases shall be granted as a rule.

 

11.        That the applicants are neither hardened criminal nor absconder and permanent resident of Karachi, hence there is no probability of the accused persons of being absconder, or to exercise of commission of crime.

 

12.        That the illaqa police is raiding at the houses as well as shops of the applicants repeatedly in order to arrest them falsely in this case they will be arrested, then they will be humiliated, tortured and disgraced by the police and their respect in the society will be lowered.

 

13.        That there is no chance of the applicants to temper with the witnesses.

 

14.        That the applicants are ready to furnish the solvent surety for the satisfaction of this Hon’ble Court.

 

15.        That the applicants crave leave to add further grounds at the time of hearing of this pre arrest bail application.

 

PRAYER

           In the light of above facts and grounds it is respectfully prayed on behalf of the applicants abovenamed that this Hon’ble Court may graciously be pleased to grant bail before arrest to the applicants, on the consideration of foregoing facts and grounds, in the larger interest of justice. 

 

Karachi:

 Dated:    -09-2009                                                           Advocate for the Applicant

 

 

 

 

IN THE COURT OF  DISTRICT AND SESSION JUDGE, SOUTH AT KARACHI.

 Cr. Bail Before Arrest Appl. No.             / 2009

  

Shaikh Muhammad Shakeel

& another------------------------------------------------Applicants / Accused

  

VERSUS

 

The State ------------------------------------------------------------Respondent.

 

                                                                              FIR No. 491 / 2009.

                                                                             U/S 56, 66, 66 (A) 74 of

Pakistan Copy Right Ordinance.

P.S. Garden.

 

AFFIDAVIT

I, Yasir S/o Abdul Shakoor, Muslim, Adult, R/o Karachi do hereby state on Oath as under:-

 

1.              That I am one of the applicant in the above matter as such am fully conversant with the facts of the case.

 

2.              That the main application for the grant of bail before arrest has been drafted under my instructions and the same may be treated as part and parcel of this affidavit and for the sake of brevity, the same have not been reproduce in this affidavit.

 

3.                 That I say that from the contents of FIR and circumstances            as stated above no case is made out and the said case has been malafidely registered only to insult the applicants through the hands of the police in collusion with the complainant and there is no bar to grant bail in the alike cases.

4.              That I say that due to the reasons stated hereinabove as well as in the main application, it is submitted that Illaqa Police is continuously raiding at our houses and there is imminent apprehension about our arrest in this false case and police is dancing at the fingers of complainant and if we will be arrested in this false case that would adversely affect my honour, dignity and reputation causing irreparable loss to me.

 

5.                 That whatsoever has been stated above is true and correct to the best of my knowledge as well as upon the information’s of my counsel which I belief to be true.

  

Karachi:

Dated:        -09-2009                                      D E P O N E N T

 

 The deponent is identified by me.

 

                                                                A  D  V  O  C  A  T  E

 

            Sworn before me on Oath at Karachi on this ___ day of September, 2008 by the deponent abovenamed, who is identified to me by Mr. Irfan Hyder Jaffri Advocate, who is known to me personally.

                   COMMISSIONER FOR TAKING AFFIDAVITS

 

 

 

APPLICATION U/S 249-A CR.P.C. IN FIA CYBER CRIME

 

IN THE COURT OF 1^st J.M EAST AT KARACHI

 Cr: Case No._______/ 2021

 

 Muhammad Mairaj..…………………………….Applicant / Accused

 V E R S U S

 The State .….………………………………………………….Respondent

 

FIR No. Nil/2021

U/s 20 PECA, 2016

PS FIA Cyber Circle Branch Karachi

 

APPLICATION U/S 249-A CR.P.C. FOR ACQUITTAL

          It is respectfully prayed on behalf of abovenamed applicant that this Hon’ble Court may be pleased to acquit him in abovementioned case, on the consideration of the following facts and grounds:

FACTS

 

The brief facts of the  case are that subject enquiry was registered on the base of a complaint of Shazia D/o Qutbuddin R/o  Karachi regarding fake Twitter Account, the complaint is reproduced as under:-

Respected Sir,

It is beg to state that I am a politician and appear in many talk shows as well. In year 2016 A boy Mairaj Qureshi ,Phone Numbers _________________ approached me via his friend and Saqib S/o of Saleem.He assured me via his friend and Saqib S/o Saleem. He assured me that due to packed schedule of mine he can cooperate with me in picking & dropping my son from his tuition and to take care of him in my absence. I agreed, gradually Mohd Mairaj started coming to my apartment as well. He asked me to do lot of his works which I did like installation of meter at his brother's shop but his fault in bit low price even. After a while, he proposed me married with him. I said I cannot as I am fully focusing upon political career. He was jobless, used to get salary from me. Day by Day hus attitude started getting rushed aggressive. Then, he demanded for multiple foreign visa and to grant for him the loan of 20 lakh. I refused. On 16 April 2016,He entered my house at 8:45 and tortured me brutally and took my pictures and said now you cannot get married anybody else except of me. I immediately rushed to FIA where I was advised to lodge complainant at CPLC. Mairaj had escaped with 02 of my cell phones and money as well. I lodge complaint at CPLC. He started coming at my apartment to open my door but I instead of getting black mailed took apartment union into confidence, they banned his entry in my apartment. He started calling me on cell. í blocked all of his numbers. Then he started threatening me of killing me and kidnapping my son. I

quickly changed my apartment. This thing made him mad and he followed me and my all followers/ following and started abusing me on Twitter. SM952807 and uploaded many vulgar pictures and messages of kissing icons etc calling me jano than aids patient and all abusive terms and started going my followers as well. One more thing Mohd Mairaj Qureshi S/o Habib is a part of cyber criminals who exhaust peoples ATM and debit cards and

I've handed over all his criminal data record file to FIA Inspector Mr. Faridi Mohd Mairaj was departed from Saudi and Dubai. Lasted he and his gang took out BMW on his Id card of worth Rs. 1.5 Crore. He is wanted by Dubai Police.

I request FIA authorities to kindly take stern immediate action against him as he is badly maligning my image. Please for hereon sake me and my  life is also in severe danger. Kindly help me getting rid of the menace.

 

GROUNDS

 

1.   That the applicant / alleged accused is absolutely innocent who has been falsely implicated by the complainant with malafide intention of FIA officials with ulterior motives.

 

2.   That as per reports filed by process server, neither complainant nor any prosecution witness is ready to appear before this Hon’able court for evidence, hence this case is made of No Complainant.

 

 

3.   That there is no any material evidence against the applicant/accused come forward during the trial of the case and there is no chance of conviction of accused in the future.

 

4.   That the prosecution did not associate Saqib S/o Saleem as her witness because in her complaint the complainant stated that the applicant/accused was approached via his friend Saqib. therefore the complainant has failed to established his case against the applicant/accused.

 

 

5.   That there is no witness of several allegations made by complainant against accused which needs to be proved by complainant in her evidence but the complainant failed to appear before this Hon’able court.

 

6.   That the applicant/accused never demanded financial/add or money from the complainant but this is complainant who usurped a huge amount from the applicant/accused for one and other need.

 

7.   That the applicant/accused never proposed the complainant for marriage because the complainant was already in Nikah of one Jahanzaib Khan and she is still his wife.

 

8.   That the complainant did not lodged any FIR against applicant/accused for incident of               16-4-2016 as well the prosecution has failed to produce such evidence regarding to the FIR against applicant/accused.

 

9.   That the allegation of cyber crime can never be proved against applicant/accused in the court of law as neither incrementing material nor electronic devices such as mobile, computer etc was recovered from the accused during his arrest.

 

10.        That the complainant stated in her complaint that “Accused is the part of cyber criminals who exhaust people ATM & Debit cards”, but the prosecution remained failed to produce any other complaint against the applicant/accused.

 

 

11.        That the applicant/accused his facing the trial on every date of hearing without fail but the prosecution has failed to produce there whole evidence and delay in the matter adversely effecting as the applicant/accused is belong to a poor family and suffering day to day monitory loss due to delay of the case.

 

12.        That in light of the evidence come forward during the trial of the case there is no possibility of the conviction of the accused hence this application U/S 249-A Cr.P.C.

 

13.        That all other grounds shall be argued at the time of hearing with the permission of this Honorable Court.

 

 

PRAYER

Therefore it is respectfully prayed that keeping in view the above mentioned facts grounds and the circumstances of the case this Hon’ble Court may be pleased to  and large him on bail in  the interest of Justice.

 

Karachi:    

Dated:     .10.2021

 

 

ADVOCATE FOR THE

APPLICANTS/ ACCUSED