APPLICATION UNDER ORDER 23 RULE 1 C.P.C R/W 151 C.P.C
IN THE COURT OF 1st SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.
Rent Case NO. 03 OF 2017
Mrs.
Nazeer Gull
W/O
Muhammad Tariq Gull… …………
APPLICANT.
V E R S U S
Muhammad
Riaz Shahid Butt & Ors. …………. OPPONENTS.
APPLICATION
UNDER ORDER XXIII RULE 1 C.P.C
R/W 151
C.P.C
Most humbly, It is
prayed on behalf of the above named applicant that this honorable court may be
pleased to order for disposal of claim / case against the opponent No; 02 as
withdrawn or abandoned. The opponent No; 02 has settled the dispute with applicant
and pursuant to said settlement & bailiff report submitted on 23-2-2017
regarding service upon her, the opponent No: 02 has delivered amicably a peaceful
vacant possession of ground floor of rented premises to applicant on Sunday dated
26-02-2017. Further it may please keep on record also that the applicant has
given Rs: 50,000/= (Fifty thousand only) to opponent No; 02 against advance
rent which was directly or indirectly the liability of opponent No; 01. Though
applicant was not under bar to return advance rent to opponent No; 02, but to protect
from unnecessary confrontations & lengthy process or complications, the
applicant has settled her dispute regarding claim of subject portion and now the subject
portion / ground floor of rented premises is in possession of applicant. Hence the
applicant is not ready to pursue her claim only against opponent No: 02,
therefore in the interest of justice and during pendency of matter / case for
relief claimed against opponent No; 01 & 03 the relief claimed against the
opponent No; 02 may be ordered as withdrawn or abandoned.
APPLICANT
Karachi. Advocate
for the Applicant
Dated: 03-03-2017
For
Immidiate Use in Court
IN THE COURT OF 1st SENIOR
CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.
Rent Case NO. 03 / 2017
Mrs.
Nazeer Gull W/O M. Tariq Gull,……… ………… APPLICANT
V E R S U S
Muhammad
Riaz Shahid Butt & Ors.
……. …………... OPPONENTS.
AFFIDAVIT IN SUPPORT OF APPLICATION
UNDER UNDER ORDER XXIII RULE 1 C.P.C R/W
151 C.P.C
I,
Mrs. Nazeer Gul W/O Muhammad Tariq Gul, Muslim, Adult, presently residing at Ground
Floor, House No; R-89, Pioneer fountain, Sector 16-B, Scheme 33, Karachi,
holding N.I.C No: 42401-854151-2, Applicant, do hereby state on oath as under:
1.
That I am applicant in above
said case as such am fully conversant with the facts of the case.
2.
That I say that the accompany
application under order XXIII Rule 1 C.P.C R/W section 151 C.P.C has been moved
on my express instructions and the
contents of the same as well as plaint may kindly be treated as part and parcel
of this affidavit.
3.
That I say that I have good
prima facie case and balance of convenience lies in my favor.
4.
The I say that the opponent
No; 02 has settled the dispute with me and pursuant to this settlement & bailiff
report submitted on 23-2-2017 regarding service upon her, the opponent No: 02 has
delivered amicably a peaceful vacant possession of ground floor of rented
premises to me on Sunday dated 26-02-2017.
5.
That I say that for the
purpose to keep on record it is submitted I have given Rs: 50,000/= (Fifty
thousand only) to opponent No; 02 against advance rent which was directly or
indirectly the liability of opponent No; 01. Though I was not under bar to
return this advance rent to opponent No; 02, but to protect from unnecessary
confrontations & lengthy process or complications, I have settled her
dispute regarding claim of subject
portion and now the subject portion / ground floor of rented premises is in my possession.
6.
That I say that for the sake of
brevity, I adopt the contents of accompanying application as well as main
plaint, and I say that until the application is granted, I shall be seriously
prejudiced and suffer an irreparable loss.
7.
That I say that whatever
stated above is true and correct to the best of my knowledge and belief.
DEPONENT
Cell
No:03412719975
Karachi.
Dated: 03-03-2017.
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