IN THE COURT OF SENIOR CIVIL JUDGE EAST KARACHI
Suit No. Of 2022
ALI AMJAD
S/o Haji Madni R/o House No. House No. 331, Block- 7/8,
Muhalla C-P Barar Society Dhoraji Colony, Karachi………………………………………………….……………Plaintiff
VERSUS
1. SIDDIQUE
S/o Unknown, Adult, Muslim R/o House No. 24-A,
Block Adam Jee Nagar Near Aqsa Masjid,
Karachi.
2nd Address: Plot No.332, Block-7/8 Muhalla C-P Barar Society Dhoraji Colony Karachi.
2. DIRECTOR GENERAL (DG)
Sindh Building Control Authority (SBCA),
Having office at Civic Center, University Road,
Block-14 Gulshan-e-Iqbal,
Karachi.
3. STATION HOUSE OFFICER (SHO)
Police Station (PS) Bahadurabad
District East
Karachi. ………………………………………………Defendants
SUIT FOR DECLARATION,PERMENANENT INJUNCTION AND ROCOVERY OF COMPENSATION AND DAMAGES.
The Plaintiff named above respectfully begs and submit as Under:-
1. That no suit of like nature has so far been filed prior to the instant suit in respect of the subject property before this Honorable Court.
2. That Plaintiff belongs to highly respectable family and enjoys goodwill and respect in his community in Karachi.
1) That defendant No.1 being a Builder-Cum Owner has raised a illegal construction ground plus 3 floors building on plot No.332 Block- 7/8 Muhalla C-P Barar Society Dhoraji Colony Karachi (Hereafter a Suit Property) without adopting proper approved building plan and permission from the Defendant No.2 Sindh Building Control Authority (SBCA) for raising such construction ground plus 3 floors.
“Photographs of Building are attached herewith and marked as Annexure A”
2) That defendant No.1 being a Builder/owner of said building should have complete the legal and codal formalities, obtaining the approved building plan for ground plus 3 floors and NOC from Concerned departments but he has totally been failed to complete such formalities.
3) That the suit property is situated in a residential area and despite being allowed ground plus two floors, the defendant No.1 is about to get 3rd floor Constructed which is illegal, unlawful and dangerous for life and property Plaintiff but the motive of defendant No.1 is to sell all the floors at the high consideration and earn the profit even at the cost of the safety of others.
4) That the defendant No.1 have also extended the balconies without any solid support and eaten up public space which is most dangerous and likely to cause injuries to persons living in the neighborhood and others passers including plaintiff and his family which creates public nuisance and more risky.
5) That due to raising of such illegal construction of said building Plaintiff has got irreparable loss in his building which has been constructed ground plus 2 floor adjacent with the building of defendant No.1 but defendant No.1 has totally been failed to play a vital role in the successful completion of a new foundation thereof and did not fulfill the all requirements to save the neighbor’s property regarding collapses, damage, construction disputes, personal injury related to demolition and construction activities at adjoining properties.
6) That due to illegal construction of defendant No.1, the property of Plaintiff has been damaged, de-valued and has renovated, repaired two times of his building from the inside and got huge irreparable loss and financial loss hence in this connection and thus the defendant No.1 is liable to pay Rs.100, 00,000/- (Ten Million Rupees) towards the compensation due to reasons stated above.
7) That the defendant No.1 has illegally constructed ground plus 3 floors which is illegal and unlawful, the rain water runoff from roof top of suit property has been flowed downhill onto property of Plaintiff which seems to be causing huge loss to the property. Such facts were narrated to defendant No.1 so many times from Plaintiff to take necessary steps for repairing but no any fruitful result come on record.
8) That due to this plaintiff has moved an application to the concerned authorities as well as to the Defendant No.2 and Defendant No.3 for taking legal action against him but no they did not taken any action against them till today.
“Copy of application is attached herewith and marked as Annexure B to B ”
9) That the plaintiff has serious apprehension that property of plaintiff would be collapses/damage due to illegal construction of ground plus 3 floors constructed by the defendant No.1 without adopting the precautionary measures hence plaintiff got irreparable loss besides that plaintiff suffered financial loss of Rs.200,000/- in repairing and renovation of his property from inside his buildings.
10) That under the above stated factual position the defendant No.1 is liable to compensate the plaintiff, It is further submitted that due to above mentioned illegal acts/Construction, immoral attitude and unlawful conduct , the plaintiff suffered much mental shock, mental torcher and mental agony which creates serious problems.
11) That finally on dated 14-11-20 the plaintiff served the legal notice to the defendant No.1 through his counsel but no any single response/reply has been received till yet.
“Copy of legal notice is attached herewith and marked as Annexure C”
12) That the cause of action accrued to the plaintiff to file the present suit initially when the suit property was illegally constructed ground plus 3 floors, secondly when the balconies were extended in the public place, thirdly when personal property of plaintiff had been damaged and got irreparable loss fourthly when water rain runoff flown over property of Plaintiff, fifthly when plaintiff approached to defendant No.1, finally when plaintiff served the legal notice through his counsel which cause of action still persist and recurs day to day until and unless instant suit is decreed as prayed within the jurisdiction of this Honorable Court.
13) That for the purposes of court fees, injunction and the recovery of damages and compensation the suit is valued at Rs. 10,200,000/- (Ten Million and Two Lac Rupees) the prescribed court fee will be paid on the plaintiff.
14) That since the suit property is situated within the District East Karachi and within the territorial jurisdiction of PS Bahadurabad, Hence this Honorable Court is very much empowered to exercise the jurisdiction to entertain the instant suit.
That therefore, the plaintiff prays for judgment decree as under:
PRAYAR
It is therefore most respectfully prayed that this honorable Court may be pleased to pass the judgment and decree in favor of the plaintiff and against the defendants in the following manner:-
a) To declare the act of defendants is illegal, unlawful and which is against the law.
b) To direct the defendant No. 1 to pay Rs. 200,000/- (Two Lac Rupees) in respect of repairing, renovation of his building.
c) To direct the defendant No.1 to pay Rs.100, 00,000/- (Ten Million Rupees) towards the compensation.
d) To call the whole record in respect of suit property from the Defendant No. 2.
e) To call the report in respect of suit property from the Defendant No. 3.
f) To direct the defendant No.2 & 3 demolish/remove the 3rd floor of the suit property of defendant No.1.
g) To direct the Defendant No. 2 & 3 to demolish balconies of suit property which are extended towards the public place i-e in the street/main road.
h) Any other further/ better relief that this Honorable court may deem fit and proper may also be awarded.
a) To award costs of the suit and any other relief which deems fit and property in the circumstances of the case.
Dated: --11-2022 PLAINTIFF.
VERFICATION.
I, AMJAD S/o Haji Madni R/o House No. House No. 331, Block- 7/8, Muhalla C-P Barar Society Dhoraji Colony, Karachi, do hereby state on oath and verify that the above contents are true and correct to the best of my knowledge and belief.
Verified this the day of November 2022.
Deponent.
I know the deponent.
Advocate.
Document produced.
Document relied upon.
Any other document in rebuttal
Dated:______________ PLAINTIFF
Note : Address of the parties are same shown in title.
Drawn by me and type in my office under the instruction
of plaintiff.
Advocate for plaintiff.
IN THE COURT OF SENIOR CIVIL JUDGE EAST KARACHI
Suit No. Of 2022
AMJAD
S/o Haji Madni R/o House No. House No. 331, Block- 7/8,
Muhalla C-P Barar Society Dhoraji Colony, Karachi………………………………………………….……………Plaintiff
VERSUS
ADEEL SIDDIQUE & Others………………………….………….Defendant
Names of legal heirs of plaintiff.
1.
2.
3.
4.
Karachi
Dated: -12-2022 Plaintiff.
IN THE COURT OF SENIOR CIVIL JUDGE EAST KARACHI
Suit No. Of 2022
AMJAD
S/o Haji Madni R/o House No. House No. 331, Block- 7/8,
Muhalla C-P Barar Society Dhoraji Colony, Karachi………………………………………………….……………Plaintiff
VERSUS
ADEEL SIDDIQUE & Others………………………….………….Defendant
V A K A L A T N A M A
I, Amjad S/o Haji Madni, the plaintiff ,do hereby appoint and constitute Mr.Ali Raza Bhatti, to appear and act for us as our advocates in the above matter. We also undertake to pay their professional fee in the above matter and they would be at liberty to with draw their appearance from the above matter in case their full fee is not paid before the conclusion of the above matter. The above engagement is only for the instance of this case.
We also authorize our advocates to withdraw and to receive on our behalf all sums and amounts deposited on our account in the above noted matter and/ or refer the above matter to arbitration or to compromise or to withdraw the same.
____________________________ A C C E P T E D Amjad
_________________
ALI RAZA BHATTI
Advocate High Court
SBC- 29696-HC/KHI
Cell-03004195246
Suite No.01, A. R Law Associates, Main P & T Colony Near Gizri Pull Clifton Karachi
0 Comments