In The Court of Honorable D

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

IN THE COURT OF HONORABLE D&SJ PAKPATAN.

Shahid Hussain Vs. Muhammad Rafique

Subject: WRITTEN REPLY OF RESPONDENT / MUHAMMAD


RAFIQUE REGARDING APPLICATION OF PETITIONER/ SHAHID
HUSSAIN.

Respectfully Sheweth:

1- That the petitioner has filed the subject false, frivolous & fabricated
based on distorted facts just to linger on the proceedings of the trial
court(s).
2- That the petitioner has concealed the material fact of the case & did
not mention, intentionally & deliberately, his previously dismissed
transfer application vide order dated 25-01-2023.
3- That the petitioner intends to get his illegal objects indirectly, which,
otherwise could not get directly by filing his previous transfer
application.
4- That, in 02 civil cases pending before worthy Mamoona Lashari Sb
CJ Arifwala, possession over suit property is of respondent/
Muhammad Rafique, while, petitioner had allegedly transferred the
ownership to his wife i.e. Kousar Ilyas in order to deprive the
respondent from legal /actual ownership etc. Application U/O 1 Rule
10 of CPC, to implead her as necessary / proper party, is pending for
arguments for 21-02-2023.
5- That the parties & subject matter of the subject 03 civil suits are
quite different.

Sr. Name of Suit Mutation Defendants Cause of


Action
Court
No No (Finally
arose)
1 Suit for Declaration 1527 1-Shahid 15-11-2021 Worthy Mamoona
& Permanent Hussain Lashari Sb CJ
injunction 2-Kousar Ilyas
( Proposed)
2 Suit for Declaration 2405 & 2406 1-Shahid 15-11-2021 Worthy Mamoona
& Permanent Hussain Lashari Sb CJ
injunction 2-Kousar Ilyas
( Proposed)
3 Suit for Declaration 1662, 1766, 1-Shahid 09-05-2022 Worthy Muhammad
& Permanent 1785 Hussain Awais Sb CJ
injunction 2- Asif Naz
That the Worthy Muhammad Awais Sb CJ
Arifwala, vide para-4 of his order dated 13-09-2022, has declared /
held that the subject matter of the 02 suits pending before Worthy
Mamoona Lashari CJ Arifwala is quite different from the suit pending
before him. Petitioner assailed the said findings of the Court before
Honorable Tariq Mahmood Rana Sb ADJ Arifwala through Civil
Revision No.08/2022 which was dismissed by the Honorable
Revisional Court Arifwala on merit vide order dated 12-11-2022 by
holding that the findings of the trial court dated 13-09-2022 were apt
to the facts & circumstances of the case. Therefore, now, the
petitioner cannot get alter/ change the findings of the trial court as
well as the Revisional Court regarding the 03 suits having different
subject matter in the plea of subject consolidation/ transfer
application.

You might also like