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IN THE COURT OF MR. WAQAR AHMAD SIDHU, LEARNED

CIVIL JUDGE, LAHORE.

In re:
___________etc. VS ___________etc.

(Suit for Declaration, Partition, Separate Possession, Administration of

Property alongwith Permanent and Mandatory Injunction)

******

___________Son of Samuel Javaid Resident of Mehr Nawaz Building,

Flat No.11,12 Near Civil Hospital, C.M.H. Church Road, Karachi,
presently residing at House No.6, Block H, Yohanabad, Ferozpur Road,
Lahore.

….Petitioner

VERSUS
1. ___________wife of Imran Ahmad, through Kamran Faisal as
special attorney
2. ___________wife of Arshad Yaqoob through Asad Kamran as
special attorney
3. ___________wife of Kamran Faisal
All daughters of Munir Hussain Sheikh (late), residents of
573/12, Block-S, Phase-II, DHA Lahore.

4. Ali Ahmad Son of Munir Hussain Sheikh

5. Nighat Parveen widow of Munir Hussain Sheikh
Both residents of 658/2, Phase-III, Block Z, DHA Lahore.

6. Umm-e-Farwa Munir
7. Komal Munir
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Both daughters of Munir Hussain Sheikh, residents of 682/A, Q

Block, Model Town Extension, Lahore.

8. Ufone Call Centre/Parking Stand Peco Road, Kot Lakhpat,

Lahore, through its Chief Executive / Proprietor.

9. Babar Medicine Company / Warehouse, Peco More, Peco Road,

Kot Lakhpat, Lahore, through its Proprietor.

10. TCS Pakistan (Pvt.) Limited / Warehouse, Peco Road, Kot

Lakhpat, Lahore, through its Chief Executive / Chief Operating
Officer.

11. Defence Housing Authority, through its Director Transfers and

Record, Office at Y Block, Commercial Area, Phase-III, Lahore
Cantt, Lahore, through its Chairman.

12. Excise & Taxation Department, Farid Kot Road, Lahore, through
its Director.

13. Habib Bank Limited, Peco Road Branch, Lahore, through its
Manager Operation.

14. Sheikh Faisal Maqbool son of Sheikh Maqbool Ahmed, resident

of House No.192-W, DHA Lahore Cantt, Lahore.

15. Mehar-un-Nisa daughter of Mureed Hussain, widow of Munir

Hussain Sheikh, resident of Green Wood Industry, Peco Road,
Kot Lakhpat, Lahore.

16. Ayesha Ali, minor

17. Amna Ali, minor

18. Usman Ali, minor

Daughters & son (minor) of Ali Ahmad, through Hina Ali as

their (guardian ad litem) (mother), all residents of 658/2, Z
Block, Phase-III, DHA Lahore Cantt.

19. Public at Large.

….Respondents

PETITION UNDER SECTION 12(2) CPC FOR SETTING ASIDE

JUDGMENT AND DECREE DATED 12.01.2018 PASSED BY MR.
WAQAR AHMAD SIDHU, LEARNED CIVIL JUDGE, IST CLASS, LAHORE.
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Respectfully Sheweth:-

1. That brief facts which are leading to file this petition are

that the above titled suit was decreed from the

Honourable Court of Mr. Waqar Ahmad Sidhu learned

Civil Judge, Lahore, on 12.01.2018.

2. That the above titled case was decreed with fraud,

misrepresentation and without impleading the party to

the present petitioner.

3. That the decree is liable to be set aside on the following

amongst other:

GROUNDS

(a) That the petitioner has purchased land measuring 2-

Kanals bearing Khewat No.130, Khatouni No.270,

Khasra No.387, situated in the revenue estate of

Mouza Kot Lakhpat through registered sale deed

bearing No.12504, Book No.1, Volume No.5181

dated 21.10.1997 registered in the office of Sub-

Registrar Lahore Cantt. Copy of the sale deed is

attached herewith and the sale deed was executed

by the predecessor-in-interest of parties i.e. Munir

Hussain son of Bashir Ahmad after receiving the due

consideration and this fact has been concealed by

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the parties of the suit intentionally and willfully and

have succeed to obtain the decree fraudulently by

concealing material facts from the learned Civil

Judge.

(b) That the respondents in connivance with each other

managed to obtain the impugned judgment &

decree dated 12.01.2018 by concealing material

facts from this Honourable Court and they

knowingly that the present petitioner is owner in

possession of suit property, they with malafide and

bad intention not impleaded the present petitioner

as party to the suit just to gain monetary benefits.

(c) That the impugned judgment & decree is result of

misrepresentation, fraud and concealment of

facts, hence the same is liable to be set aside on

this sole ground.

(d) That the titled suit is false and frivolous one,

based on malafide intention on the part of the

respondents.

(e) That the respondents concealed material facts

about this matter and got decree with fraud and

misrepresentation.
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4. That if the impugned judgment & decree dated

12.01.2018 is not set aside, the petitioner shall suffer an

irreparable loss and injury.

PRAYER

Under the circumstances mentioned

above, it is, therefore, most respectfully prayed

that the impugned judgment & decree dated

12.01.2018 passed by Mr. Waqar Ahmad Sidhu,

learned Civil Judge, Lahore, as having been

obtained by fraud and misrepresentation,

stated herein above, may kindly be ordered to

be set aside and main suit be restored for a

fresh decision after impleading the petitioner

as a party as defendant.

It is further prayed that any other relief

which this Honourable Court deems fit may also

be awarded.

Petitioner

through
Dated: 07.11.2018

Advocate High Court

IN THE COURT OF DISTRICT JUDGE,

LAHORE.
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In re:
___________etc. VS ___________etc.

PETITION UNDER SECTION 12(2) CPC FOR SETTING ASIDE

JUDGMENT AND DECREE DATED 12.01.2018 PASSED BY MR.
WAQAR AHMAD SIDHU, LEARNED CIVIL JUDGE, IST CLASS, LAHORE.

AFFIDAVIT OF Amir Javaid Son of Samuel Javaid Resident of Mehr

Nawaz Building, Flat No.11,12 Near Civil Hospital,
C.M.H. Church Road, Karachi, presently residing at
House No.6, Block H, Yohanabad, Ferozpur Road,
Lahore.

I, the above named deponent do hereby solemnly affirm and

declare as under:
That the contents of accompanying application are true and correct
to the best of my knowledge and belief and nothing has been
concealed therein.

Deponent
VERIFICATION
Verified on oath at Lahore this 6 thday of November
2018, that the contents of above affidavit are true and
correct to the best of my knowledge and belief and
nothing has been concealed therein.

Deponent
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IN THE COURT OF MR. WAQAR AHMAD SIDHU, LEARNED

CIVIL JUDGE, LAHORE.

In re:
___________etc. VS ___________etc.

(PETITION UNDER SECTION 12(2) CPC FOR SETTING ASIDE JUDGMENT AND
DECREE DATED 12.01.2018 PASSED BY MR. WAQAR AHMAD SIDHU, LEARNED
CIVIL JUDGE, IST CLASS, LAHORE)

APPLICATION UNDER SECTION 151 CPC FOR SUSPENSION OF

IMPUGNED JUDGMENT & DECREE DATED 12.01.2018.

Respectfully Sheweth:

1. That the petitioner has filed the application u/s 12(2) CPC in

this Honourable Court in which no date of hearing has yet

been fixed.

2. That the contents of the application u/s 12(2) CPC may kindly

be read as an integral part of this application.

3. That petitioner has made out a good prima facie arguable case

in his favour and the same is likely to succeed.

4. That the balance of convenience lies in favour of the petitioner

and against the respondents.

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5. That the respondentsfiled the above titled suit in this

Honourable Court and with malafide and bad intention and

obtained the impugned judgment & decree dated 12.01.2018.

6. That if the operation of the impugned judgment & decree

dated 12.01.2018 is not suspended, the petitioner shall suffer

irreparable loss and injury.

PRAYER:

Under the above circumstances it is, therefore, most

respectfully prayed that the instant application may
kindly be accepted and the operation of the impugned
judgment & decree dated 12.01.2018 passed by this
Honourable Court may please be suspended in the
larger interest of justice and equity.

Petitioner

through
Dated: 07.11.2018

Advocate High Court

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IN THE COURT OF MR. WAQAR AHMAD SIDHU, LEARNED

CIVIL JUDGE, LAHORE.

In re:
Shazia Ahmad etc. VS Ali Ahmad etc.

(PETITION UNDER SECTION 12(2) CPC FOR SETTING ASIDE JUDGMENT AND
DECREE DATED 12.01.2018 PASSED BY MR. WAQAR AHMAD SIDHU, LEARNED
CIVIL JUDGE, IST CLASS, LAHORE)

APPLICATION UNDER SECTION 151 CPC FOR SUSPENSION OF

IMPUGNED JUDGMENT & DECREE DATED 12.01.2018.

AFFIDAVIT OF ___________Son of ___________Resident of Mehr

Nawaz Building, Flat No.11,12 Near Civil Hospital,
C.M.H. Church Road, Karachi, presently residing at
___________, Ferozpur Road, Lahore.

I, the above named deponent do hereby solemnly affirm and

declare as under:
That the contents of accompanying application are true and correct
to the best of my knowledge and belief and nothing has been
concealed therein.

Deponent
VERIFICATION
Verified on oath at Lahore this 6 thday of November
2018, that the contents of above affidavit are true and
correct to the best of my knowledge and belief and
nothing has been concealed therein.

Deponent