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IN THE COURT OF XIII SENIOR CIVIL JUDGE AT KARACHI

EAST

Civil Suit No. 1294/2024

[PLAINTIFF NAME] ………………….. PLAINITIFF

V e r s u s

[DEFENDANT NAME] & OTHERS …………..…….... DEFENDANT

COUNTER-AFFIDAVIT TO APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151, CPC 1908.

I, Umair Khan, S/o [DEFENDANT FATHER NAME], Muslim, adult, resident of Karachi, hereby state on oath as under:

That I am defendant no.1 in the instant suit as such, am well conversant with the facts of the case.

That the contents of suit no. 1294/2024 are vehemently denied being unlawful and unconstitutional. It is further submitted that the relief as claimed by the Plaintiff in the instant Application is barred by Article 9 and Article 23 of the Constitution of the Islamic Republic of Pakistan 1973 and is violative of the Defendant no.1 and no.2 right to freedom of movement, security and right to peaceful possession of the property. Furthermore, it not only seeks to restrain the Defendant no.1 and no.2 from pursuing their business interests but also restrains the Defendant no.1 and no.2 and their family to enjoy a peaceful life as the peaceful citizen of this country.

That I have been advised by my Counsel to say, which legal advice I verily believe to be true that;

(i)The Petitioners have failed to make out a prima facie case for grant of injunction;

(ii)The balance of convenience lies in dismissal of the Application and the Petition;

(iii)That no prejudice would be caused to the Petitioners in case the Application is dismissed with costs while on the other hand the answering Respondent shall suffer irreparable loss and injury in c ase the Application is granted.

That the contents of para no. 1 & 2 are formal hence, no need to reply.

That the contents of para no. 03 are vehemently denied. It is further submitted that the defendant no 1 & 2 are the lawful owner of subject property and land since six decades and holding the lease as well as the allotment of the said land made by the defendant no.3. Further that the right of the ownership and peaceful possession of the said property owned lawfully by the defendant no.1 and defendant no.2 is be