High Court of Sindh At Karachi

IN THE HIGH COURT OF SINDH AT KARACHI
SUIT NO. 1154 0F2013
1. Mr. Fan' Abbas S/o Mustafa Hussain, Resident of House No. R-855, Federal 'B' Area, Block-16, Karachi Central. 2. Mr. Syed Saleem Ahmed Jaffri S/o Syed Aqeel Ahmed Jaffri, Res-ident of Flat No. 2-90, Mohla Yousaf Plaza, Federal 'B' Area, Block-16, Karachi Central. 3. Mr. Syed Raza Hussain Zaidi Son of Syed Ala Hussain Zaidi, Res-ident of House No. R-1008, Federal 'B' Area, Block-16, Karachi Central. 4. Mr. Shabih-ul-Hassan Son of Late Muhammad Ghafoor, Resident of House No. 0-110, Federal 'B' Area, Block-16, Karachi Central. 5. Mr. Muhammad Jameel Khan S/o Nouroze Hussain Khan, Resi-dent of House No. R-28, Mohla Water Pump Federal 'B' Area, Block-16, Karachi Central. .Plaintiffs VERSUS 1. Province of Sindh, through its Secretary, having office at Sindh Secretariat, Tughlaq House, Karachi. 2. Markaz-e-Haquq-e-Sharia Pakistan, a registered Association, hav-ing office at Plot No. 51-19, Block-16, Scheme-16, KB. Area, Karachi, through its Secretary namely Mr. Muhammad Dawood Rizvi Son of Muhammad Shafi Rizvi, Resident of House No. 129, Block-J, North Nazirnabad, Karachi. 3. Markaz-e-Huqooq-e-Sharia Trust, having office at Plot No. ST-19, Block-16, Scheme-16, KB. Area, Karachi, through its Secretary namely Ali Aale Jafri Son of Zahoorul Hassan Jafri, Resident of 5-168, Gulshan-e-Shamim, Block-8, KB. Area, Karachi. 4. Al-Mohair Working Committee, through its members. (i) Syed Asif Hussain Zaidi Son of Syed Sajid Hussain Zaidi, Muslim, adult, resident of R-136, Block-16, FB. Area, Karachi. (N) Mr. Munawar Ali Nagri Son of Muhammad AN, Muslim, Adult res-ident of C-114, Usman Arcade, KB. Area, Karachi. (Ni) Mr. Dyed Kausar Abbasi Rizvi Son of Dyed Waqar Hussain, Mus-lim, adult, resident of R-687, Block-16, F.B. Area, Karachi. 5. Registrar of Joint-Stock Companies, having office at Block-26, Sindh Secretariat, Karachi. 6. Sub-Registrar, Federal 'B' Area, Karachi.. .Defendants NOTICE UNDER ORDER 1 RULE 8 R/W. SECTION 151 CPC  (FOR GENERAL INFORMATION)  Whereas the plaintiff has filed the suit against the Defendants above-named in this Court for DECLARATION AND PERMANENT INJUNCTION. i) Declaration that the plaintiffs have the fundamental rights to exer-cise their religious, social and welfare rights on the subject prop-erty being members of the Isna Asharia community. N) Declaration that the subject bearing No. 51-19/16, Scheme-16, Federal 'B' Area, Karachi shall be used only for the religious, so-Hal and well-being of the Isna Asharia Community in accordance with the aims and objects of Memorandum of the Defendant No. 2 and the Trust Deed of the Defendant No. 3. iii) To grant permanent injunction against the defendants thereby re-straining them and their office bearers, members, agents, repre-sentatives, legal heirs, employees, attorneys, successor from disturbing, harassing and creating hostile environment on the sub-ject property in any manner and in whatsoever nature. iv) Appoint Nazir to inspect the subject properly and submit his report for proper adjudication. v) Any other or additional relief as this Hon'ble Court, may deem fit and proper in the circumstances of the case. vi) Cost of the proceedings. Whereas the plaintiff has filed an application Under Order 39 Rule 1 & 2 CPC Read with Section 94(b) and (e) R/w Section 151 CPC praying to restrain the defendants, their office bearers, members, agents, representatives, legal heirs, employees, attorneys, successor from disturbing, harassing and crat-ing hostile environment on the subject property in any manner and in what nature. Whereas the plaintiff has sled another application Under Order 1 Rule 8 CPC R/w. Section 151 CPC praying that the plaintiffs are the members of Shia Isna Asharia Community of Block-16, Federal 'B' Area, Karachi wherein thousand of community member are residing in the relevant area and per-form their religious practices, prayers on the suit property and the plaintiffs are filing the instant suit on behalf of all the members of the said commu-nity for the assertion of their rights and pray for permission for the same. Any person(s) on whose behalf or for whose benefit the above suit is insti-tuted or defended under sub-rule (1) may apply to this Court to be made a party of the suit. The matter is fixed before Additional Registrar (OS) on 28-01-2014 at 9:30 a.m. Given under my hand and the seal of the Court on this 01st day of January 2014. BY ORDER Sd/- ASSISTANT REGISTRAR D.II