06-OCT-2026
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Matter called. Learned counsel for the Plaintiff is present and submitted statement along with copy of FIR which is kept on record and copy to other side. Learned counsel for the Plaintiff filed Application under Order XVI rule 6 CPC r/w Section 151 CPC. Notice to the defendants. Mr. Lariab Sanaullah, Advocate filed undertaking to file Vakalatnama on behalf of the defendant NO.1 which is taken on record and received copies. Learned DDA is present on behalf of the official defendants No.4 to 10. Process through Bailiff returned served upon the defendant NO.4, 6 to 10 and unserved upon the defendant NO.1 to 3 and 5. Repeat summon upon the defendant NO. 2, 3 and 5 through Bailiff. Service held good upon the defendant NO.4, 6 to 10. Counsel for the Plaintiff argued on the application under Order XXXIX rules 1 and 2 CPC. Order passed on order sheet. Since the Plaintiff is seeking interim injunction by restraining the defendants from allegedly mis-using the cheques admittedly issued by the Plaintiff in favour of the defendant No.1 in pursuance of Sale Agreement dated 10.02.2026 and Mutual Settlement Agreement dated 16.07.2026. However, I am of the considered opinion that before passing any order on the application under Order XXXIX rules 1 and 2 CPC, it is appropriate to give a chance to the defendants to file their respective counter-affidavit on the application in hand. Therefore, the request of the counsel for the Plaintiff for interim injunction order is hereby declined at this moment. Defendant No.1 requires to file the counter affidavit on the application under Order XXXIX rules 1 and 2 CPC on or before next date of hearing and counsel for the defendant No.1 is also directed to come prepare to argue on such application on very next date. Put off to 10.10.2026 at 10:30 a.m for hearing on the application under Order XXXIX rules 1 and 2 CPC as well as filing WS/CA by the defendant No.1, 4, 6 to 10 and also service upon the defendant no.2, 3 and 5. |
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SCJ / Assistant Sessions Judge III, Malir
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