Case Details

Citation(s)
2016 SLG 1931 2016 SLD 1931 2016 LHC
Islamabad High Court
W.P No. 162/2016, 04.02.2016
MOHSIN AKHTAR KAYANI, J

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Sajid Javed, Etc

VS

Addl: Sessions Judge (West) Islamabad, Etc

Law:

Section:

Keywords: Result: Petition Accepted MOHSIN AKHTAR KAYANI, J:- Through the instant constitutional petition, the petitioner has assailed the order dated 13.1.2015, whereby, learned Additional Session Judge (West), Islamabad dismissed the petition U/S 265-K, Cr.P.C filed by the petitioners and allowed the petition U/S 7 of Illegal Dispossession Act, 2005 filed by respondent No.2. 2. The facts, in brief, are that petitioners No.5 to 7 and respondent No.2 are real brothers, whereas petitioners No.1, 2 & 4 are nephews of co-petitioners and respondent No.2. As per contents of the complaint under Illegal Dispossession Act, 2005 shops No.73 & 74 situated in wholesale fruit market I-11/4, Islamabad were purchased by Bashir Ahmed (late), (Grand father of petitioners No.1 to 4, father of petitioners No. 5 to 7 as well as father of respondent No.2) in the year 1992 from one Haji Muhammad Sharif, however, the said shops were transferred through sale deed No.2520 dated 28.6.1992 in the name of Arif Bashir, respondent No.2 and Mst. Hajra; that respondent No.2 is owner as per record and on 12.11.2015 Pervez Bashir, petitioner No.7 alongwith his servant Tariq came on the disputed property, threatened the Munshi and contractor to vacate the premises and he also put locks on the said shops; that on 15.11.2015 at about 6 p.m the petitioners alongwith 8/10 persons armed with weapons came on the said shops and forcibly dispossessed respondent No.2 and put their lock over the same; that police was informed through Rescue 15, the police visited the spot and took away the parties to the Police Station Sabzi Mandi; that the petitioners forcibly, unlawfully and illegally dispossessed respondent No.2; that respondent No.2 filed a complaint U/S 3, 4, 5, 6, & 7, Illegal Dispossession Act, 2005 before the Sessions Judge (West) Islamabad, which was entrusted to respondent No.1, who issued notice to SHO, P.S Sabzi Mandi, whereupon two reports dated 26.11.2015 & 3.12.2015 were filed by the SHO before learned Additional Sessions Judge (West) Islamabad. In response to these proceedings, the petitioners filed petition u/s 265-K, Cr.P.C, which was dismissed whereas petition u/s…
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