That the dispute arises from being aggrieved by the mala fide, and unlawful actions/omissions of the Defendants as the Plaintiff, our Client, being the lawful owner of an immovable property measuring 600 square yards situated in P & T Cooperative Housing Society Korangi (‘Society’), Karachi (hereinafter referred to as ‘Suit Property’), is being deprived of its peaceful possession and ownership.
In view of the aforementioned actions and omissions of the Defendants, the Plaintiff then filed Criminal Complaint No. 161/2021 (‘Complaint’), under Section 3 and 4 of the Illegal Dispossession Act, 2005. The learned XIITH Additional District & Sessions Judge at Karachi (East) then vide Order dated 03.11.2021 directed SHO, Police Station KIA to conduct an inquiry/investigation pertaining to the ownership of the Subject Property. Thereafter, in compliance with the Order dated 03.11.2021, the SHO, Police Station KIA then recorded the statement of the attorney of the Plaintiff and had also issued notices under Section 160 CR.P.C. to Defendant No.1 and 5.
Thereafter, the SHO, Police Station KIA submitted a Compliance Report dated 03.12.2021, wherein it was found that the Plaintiff is the lawful owner of the Subject Property and the Defendant No.4, in collusion with the Defendant No.1, has raised illegal construction over the Subject Property.
Nonetheless, the Defendant No.1 (Respondent No.5 in the Complaint), on the date of hearing, filed objections, wherein the Defendant No.1 contended that the ABN Case Judgment and the Order passed in the Appeal were recalled and set-aside by the Defendant No.3 vide Order dated 30.01.2017. It is pertinent to highlight that this was the “first time” the Plaintiff through his counsel were appraised of the above alleged fact which was also recorded by the learned XIITH Additional District & Sessions Judge at Karachi (East) in the order passed in the Complaint.
It is important to note that proceedings after the Order passed in the Appeal dated 12.03.2013 are completely arbitrary, illegal and unlawful as the Plaintiff/Our Client had no notice of such proceedings, nor our Client was represented in person or through a counsel and as such was not given the opportunity to defend the said proceeding which he was a party to, despite the fact that the ABN Case Judgement and the order passed in the Appeal upheld the ownership of the Plaintiff with respect to the Subject Property.
It must be noted that the aforementioned proceedings, mentioned in Paragraph No.10, were solely undertaken/conducted by the Defendants to challenge the ABN Case Judgement and the Order passed in the Appeal i.e. to challenge the Orders which upheld legal title of the Plaintiff in the Subject Property, and as such the primary aggrieved party as a result of impugning/challenging the ABN Case Judgement and the Order passed in the Appeal was the Plaintiff.
Our Client, through our firm has engaged Barrister Junaid Ahmed in relation to the aforementioned matter and the matter is not sub-judice before the Honorable Civil Courts of Karachi.
