PROPOSED DRAFT APPLICATION UNDER ORDER 23 RULE 01 CPC

IN THE COURT OF 1^st SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.

Rent Case NO. 03 OF 2017

Mrs. N Gul

W/O M T Gul…                                                                 …………    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; 03 (Mst. Abida)  as withdrawn or abandoned. The opponent No; 03 has settled the dispute with applicant through written settlement in FIR No: 539/2017, P.S: Sachal and pursuant to said settlement attached herewith, the opponent No: 03 has delivered amicably a peaceful vacant possession of 2^nd Floor of rented premises to applicant on Sunday dated 29-10-2017. Further it may please keep on record also that 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 / 2^nd floor of rented premises is in possession of applicant. Hence the applicant is not ready to pursue her claim only against opponent No: 03. Therefore in the interest of justice and during pendency of matter / case for relief claimed against opponent No; 01, the relief claimed against the opponent No; 03 may be ordered as withdrawn or abandoned.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 1^st SENIOR CIVIL JUDGE & RENT CONTROLLER MALIR AT KARACHI.

Rent Case NO. 03 / 2017

Mrs. N Gul W/O M. T Gul,………                ………… 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. N Gul W/O M T Gul, Muslim, Adult, presently residing at Ground Floor, House No; R-, 16-B, Scheme 33, Karachi, holding N.I.C No: 777777777, 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; 03 has settled the dispute with me and pursuant to this settlement, the opponent No: 03 has delivered amicably a peaceful vacant possession of 2^nd floor of rented premises to me on Sunday dated 29-10-2017.

5.     That I say that to protect from unnecessary confrontations & lengthy process or complications, I have settled my dispute regarding claim of subject portion and now the subject portion / 2^nd 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:032222222719975

Karachi.                                                    

Dated:  31-10-2017.