IN THE COURT OF MR.

ABDUL SATTAR, CIVIL JUDGE, RAWALPINDI

Syed Akbar Jan son of Syed Asghar Jan resident of House No. 137, Street
No. 2, Sector N/2, Phase IV Hayatabad, Peshawar

Petitioner

-versus-

1 Talat Munir Baig son of Sadiq Hussain Baig resident of House No.
252, Mohalla Asgher Mall Scheme, Rawalpindi

2 Malik Mumtaz, Sub Inspector, P.S Rawat, Rawalpindi;

3 ______________________________, SHO, P.S Rawat Rawalpindi

Respondents

SUIT FOR DECLARATION AND PERMANENT INJUNCTION

___________________________________________________________________

PETITION UNDER ORDER 39 RULE 2 (3) AND 2(C) READ WITH

SECTION 94 AND 151 C.P.C
___________________________________________________________________

Respectfully Sheweth:-

1 That the Petitioner filed suit titled Syed Akbar Jan versus Talat Munir

etc on 17-10-2016 with following prayer:-

a decree for declaration to the effect that

Plaintiff is in possession of property/manufacturing-unit
built on Plot No. 7, Street No. 7, Industrial Area, Rawat,
 Rawalpindi and has got every right to
manage/supervise the affairs thereof and retain his
physical control over the said manufacturing-unit and
the business being run there-in, in-order to safe guard
his and his other co-investors, principal amount and
investment and profit so far accrued and permanent
injunction restraining the Defendants from dispossessing
the Plaintiff from suit property/manufacturing-unit, in
any manner whatsoever or interfering into his
management and physical control over the suit
property/manufacturing-unit or creating any hindrance
in lawful performance of business affairs thereof, in any
manner whatsoever be passed against Defendants.

which is pending before this Honourable Court and is fixed for 09-11-

2016.

2 That along with the main suit an application under Order 39 Rule (1)

and (2) was also filed which is reproduced here for ready reference:-

Respondents/Defendants be restrained from

dispossessing the Petitioner from suit
property/manufacturing-unit, in any manner whatsoever
or interfering into his management and physical control
over the suit property/manufacturing-unit or creating
any hindrance in lawful performance of business affairs
thereof, in any manner whatsoever be passed against
Respondents/Defendants

and after relying upon the affidavit and documents annexed with the

plaint, this Honourable Court was pleased to pass an order dated 19-10-

2016 restraining Defendants/Respondents from taking any illegally act

qua physical possession of the Plaintiff/Petitioner over the disputed

property till the next date of hearing.

3 That in the above said suit and stay application, summons and

notices were issued to Defendants along with operative portion of stay

order dated 19-10-2016 which were duly conveyed upon Respondent

No. 1. Thus, Respondent No. 1 has full knowledge of above said stay

order dated 19-10-2016. However, he is avoiding service of the

summons. On subsequent date of hearing viz 01-11-2016, summon

upon Defendant No. 2 were served whereas Respondent No. 1 again

avoided service. No one appeared on behalf of Defendants in the main

suit on 01-11-2016.

4 That Respondents No. 2 and 3 were also intimated the filing of the

suit, along with the stay application, and issuance of stay order dated

19-10-2016 and certified copies were also provided to them.

5 That in-spite of above-said order of this Honourable Courts,

Respondents in connivance with each other, not only interfered with

possession of Petitioner over the factory premises and physical control

 over the business being run therein but also got involved Petitioner

and his assistants and investors into false criminal case registered

vide FIR No. 419/16 under Section 448/452/506/170 and 171 PPC

dated 20-10-2016 at PS Rawat Rawalpindi and thereby disturbed the

possession and physical control over factory premises and affair of the

business and they were kept in illegal detention in Police Station and

thereafter in judicial lockup. It is relevant to mention here that

photograph of Petitioner in the office of factory premises affixed on the

wall and his physical control over the affairs of business is evident

from the attached photograph.

6 That the above said acts of Respondents, especially Respondent No. 1

is in flagrant disobedience, violation of order of this Honourable Court

dated 19-10-2016 and disobedience is repeated one.

7 That the Respondents are bound to comply with the above said order

of this Honourable Court in its true letter and spirit but they have

deliberately disobeyed the same and thereby floating and frustrating

the same and made the order of this Honourable Court mockery. For

these reasons, coercive measure such as the attachment of their

salaries/assets and their detention in civil prison is essential.

Prayer:-

It is, therefore, respectfully prayed that this petition be accepted

and Respondents may kindly be proceeded for disobedience of

order of this Honourable Court dated 19-10-2016 and they be

punished up to six months rigorous prisonment. In order to seek

compliance of above said orders, coercive measures such as

attachment of their salaries and assets including factory premises

and auction of properties of Respondents may kindly be passed

and Respondents No. 1 be sent to civil prison.

It is further prayed that Respondents be restrained from

interfering and to the possession of Petitioner over factory

premises and physical control over the affairs of the said business

and the possession prevailing at the time of passing of stay order

qua possession and physical control over the affairs of the

business of Petitioners be restored. Any other relief which this

Honourable Court deems appropriate.

___________
Petitioner
Through
______________________________
MUHAMMAD ILYAS SHEIKH
ADVOCATE SUPREME COURT OF PAKISTAN

_____________________________ _____________________________________
AYESHA HAMEED RANA MUHAMMAD TAIMUR MALIK
Advocate High Court Advocate High Court

_______________
TALHA ILYAS
Barrister-at-Law
Advocate

IN THE COURT OF MR. ABDUL SATTAR, CIVIL JUDGE,

RAWALPINDI

Syed Akbar Jan

-versus-
Talat Munir etc

SUIT FOR DECLARATION, PERMANENT AND MANDATORY

INJUNCTION

PETITION UNDER ORDER 39 RULE 2 (3) AND 2( C) READ WITH

SECTION 94 AND 151 C.P.C

_______________

AFFIDAVIT
_______________

I, Syed Akbar Jan son of Syed Asghar Jan resident of House No. 137,

Street No. 2, Sector N/2, Phase IV Hayatabad, Peshawar, do, hereby,

solemnly affirm and declare as under:-

1 That the accompanying petition has been drafted under my

instructions and I adopt its contents as true and correct.

 2 That this affidavit may kindly be read as integral part of the

accompanying petition.

Deponent

Verification:

Verified on oath at ____________ on this ____day of______ 2016 that the contents of the
affidavit are true and correct to the best of my knowledge and belief and nothing has been
concealed or withheld.

Deponent