- Petitioners by: Raja Gul Nawaz, Advocate for the petitioners in W.Ps. No.3953 of 2019 and 3954 of 2019. M/s Zulfiqar Ali Abbasi and Shahid Munir, Advocates for petitioner in W.P. No. 4140 of 2015. Respondents by : M/s Amanullah Kanrani, Ch. Afrasiab Khan, Hamid Nawaz and Zakir Khan, Advocates for respondent No.2 in the writ petitions and also for petitioner in C.Rs. Nos.128 of 2020 & 131 of 2020. Dates of Hearing : 11.11.2022, 02.12.2022, 11.01.2023 and 21.03.2023 -
JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD JUDICIAL DEPARTMENT ARBAB MUHAMMAD TAHIR, J. Through this common judgment, I intend to decide writ petitions Nos.3953 of 2019, 3954 of 2019 & 4140 of 2015 as well as Civil Revision petitions Nos.128 of 2020 and 131 of 2020 since they are factually identical in nature and the question of law involved in all these petitions is almost similar coupled with the fact that the litigating parties are also the same. Through writ petitions Nos.3953 of 2019 and 3954 of 2019, the petitioners, Saleema Bibi and Muhammad Ashram, respectively, have called into question the validity of orders dated 09.10.2019, passed by learned Additional District Judge, East, Islamabad, through which the petitioners’ revision petitions against orders dated 11.02.2019 passed by learned Civil Judge, Islamabad, were dismissed. Through said orders dated 11.02.2019, learned civil court while allowing the applications filed by respondent No.2 (Javed Akhtar) under Order VII, Rule 11 of Code of Civil Procedure, 1908 (“hereinafter referred to as “CPC”), rejected the plaints in the petitioners’ suits for declaration, permanent and mandatory injunction primarily on the ground that no cause of action had been disclosed in the plaints. Similarly, through writ petition No.4140 of 2015, the petitioners, Shamraiz Khan and another, have called into the question the vires of judgment and decree dated 17.11.2015 passed by learned Additional District Judge, East-Islamabad whereby revision petition filed by respondent No.2 (Javed Akhtar) against order dated 17.07.2014, passed by learned Civil Judge, Islamabad, was accepted and resultantly, the plaint in the petitioners’ suit for declaration and mandatory injunction, was rejected under Order VII Rule 11 CPC. Vide said order dated 17.07.2014, learned Civil Court had dismissed respondent No.2’s application filed under Order VII Rule 11 CPC. Facts in brief of writ petition No.3953 of 2019 are that on 27.02.2018, the petitioner, Saleema Bibi instituted a suit for declaration, permanent and mandatory…
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