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In the court of Civil Judge and Judicial Magistrate2

Tando Mohd Khan


Civil suit No of 2009

Iqbal Ahammed s/o Muzaffer Ali buriro

r/o Burira Mohalla near phuleli

pull Tando Mohd khan ------------------------------------------Plaintiff

Versus
1 Manzoor Ahammed s/o Muzaffer Ali

2 Nazeer Ahammed s/o Muzzafer Ali

3 Maqbool Ahammed s/o Muzaffer Ali

4 Mst manzoor begum w/o Mohd hussain

5 Isalm khatoon wd/o Muzaffer Ali All

Resides at burira mohalla near phuleli pull

Tando Mohd khan---------------------------------------defendants’

Suit for Partition and Per manent injunction


The above named plaintiff respect fully
states as follows

1 That the plaintiff and defendants are


members of same family and are residing in plots city survey
no 1447/36, 1447/35 are annexed as annexure no 1 A and 1b
same will be called here suit property.

2 That relation between plaintiffs and


defendants is as under
Defendants no 1to3 are real brother while defendant no 4 is
real sister and defendant no 5is real mother

3 That plaintiff and defendants no 1to


3are equal entitled 19.5 ps in Suit property annexure no 1A
and1B and defendant no 4 is entitled 10 ps and defendant no
5 is entitled 12 ps in same suit property.

4 That dispute aroused between plaintiff


and defendant no 3 by demolishing the portion which was in
possession of plaintiff ,defendant no 3 has purchased 3 shops
there is 30 feet street in between shops and suit property,
which is shown in map annexed here as annexure no 2

5 That defendant3 wants to usurps the


street and wants to add it in his portion and wants to close
same street, and forcibly has demolished main gate now he
allots plaintiff zigzag, street from the suit property, while the
sanctioned door is from the street which he wants to add it in
his purchased shop.

6 That plaintiff approached to naik mards and well wisher of


family for amicable partition but defendant no 3 refused and
is raising construction even in my side which is in my
possession now the joint possession is no longer possible and
it is beneficial to partition

7 That defendant no 3 is sub Inspector and


is influential person and is purchasing plot from other co
sharer is issuing threats for purchasing same portion of plot
of plaintiff .being police officer also has issued threats that he
will cause to involve me in false criminal cases if plaintiff will
not sell same portion to defendant no3 also he wants me to
dispossess forcibly and unlawfully.

8 That first of all cause of action accrued


when defendant no 3 demolished the main gate and otaque
which were in joint possession, then he refused to amicable
partition of disputed property and threatened to dispossess
which is still continued till to day

9 That the suit property is situated at Tando


Mohd Khan , parties are residing in suit property and is not
agricultural land hence this honorable court has jurisdiction
to entertain the suit
10 That the suit is valued one thousand and
for permanent injunction is valued at Rs:400 hundred There
fore court fee is not required.

11 That the plaintiff prays for judgment and


decree as under

(a) Partition of the suit property according to


share of parties to words main street
(b) To direct city surveyor to effect the partition by mutes
and bounds
(c ) To grant permanent injuction to defendant no 3not to
dispossess plaintiff and may be refrained not to raise any
construction till the partition
(d) costs of suit may be awarded to plaintiff
(e) Any other relief which this honourable court may deem fit
and proper may be awarded to plaintiff

Tando Mohd khan


Dated Plaintiff

Verification
I Iqbal Ahommed s/o Muzafffer Ali adult muslim by cast buriro
r/o burira mohalla near phuleli pull Tando Mohd khan present
at Tando Mohd khan do here by veri fy the contents of plaint
on oath to be true and correct to the best of my knowledge
and belief
Tando Mohd khan
Dated plaintiff

Identified by me

Advocate
Documents filed
1 photo copy of plot no 1947/36
2 photo copy of plot no 1947/35
3 Photo copy of map of plots

Note
Address of the defendants for the purpose of service is same
as shown in the title of plaint
In the court of F.C.M& civil JudgeTando Mohd khan
Civil suit No of 2009

Iqbal Ahammed--------------------- ---------------------------Plaintiff

Versus

Maqbool Ahammedand others……………………………………….Defendants

List of legal heirs of plaintiff

1 Najma w/o Iqbal Ahammed


2 Shoaib Ahammed s/o =
3 Shaoor Ahammed s/o =
4 Danish s/o =

Tando Mohd khan

Dated ADVOCATE OF PLAINTIFF


In the court of F.C.M& civil Judge Tando Mohd Khan
Civil suit No of 2009

Iqbal Ahammed ----------------------------------------------Plaintiff

Versus

Maqbool Ahammedand others……………………………………….Defendants

Appliccation u/o 39 Rule 1& 2 CPC

Read with Section 151 C.P.C


It is prayed that this honourable court would
be be pleased to grant ad interim injunction restring the defendant
no 3 from interfering the peaceful possession of plaintiff in suit
property and may be directed not to dispossess plaintiff from suit
property illegally forcibly on the consideration of the following
grounds

1 That plaintiff is in physical possession of suit


property, and has constructed room in suit property and living with
family.

2 That defendant no 3 has no legal .lawful ,


moral or equitable right to dispossess the plaintiff from suit property

3 That plaintiff has a prima facie suit to succeed

4 That balance of connivance lies in favour of Plaintiff

5 That if the plaintiff was dispossessed has not any


alternate to live along with family to some other place will cause
serious injury to reputation that will be irreparable loss.

5 that the plaintiff will suffer an irreparable loss and


legal injury in case the interim injunction is not granted to the
plaintiff.

That the prayer is made in the interest of justice

Tando Mohd khan

Dated ADVOCATE OF PLAINTIFF


In the court of F.C.M& civil Judge Tando Mohd Khan.
Civil suit No of 2009
Iqbal Ahammed ---------------------------Plaintiff

Versus
Maqbool Ahammed and others……………………………………….Defendants

AFFIDAVIT
I Iqbal Ahammed s/o Muzaffer Ali adult muslim
by cast buriro r/o burira mohalla near Phuleli pull Tando Mohd khan
do here by state on solemn affirmation as under

1 That I am the plaintiff in above suit and as such


well conversant with the facts of the suit

2 That the accompanying application under order


39 Rule 1&2 C.P.C has been drafted and moved under my instruction

3 That the contents of the accompanying application


be read and treat as part and parcel of this affidavit

That what ever is stated above is true and


correct to the best of my knowledge and belief

Tando Mohd khan

Dated Deponent

I know the deponent

Advocate

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