IN THE COURT OF 1ST SENIOR CIVIL JUDGE, KARACHI SOUTH

CIVIL SUIT No. 1201/2015

Pakistan Telecommunication Company Limited & another------------Plaintiff

VERSUS
Ayub Khan Sanjrani & another-----------------------------------------Defendants

SUIT FOR POSSESSION AND MENSE PROFIT

APPLICATION U/O 39 RULE 1 & 2 OF CPC READ WITH 151 CPC FOR
INTERIM INJUNCTION IN THE ABOVE CAPTIONED SUIT

Respectfully Sheweth:-

1. That the above titled suit is pending for adjudication and fixed for
today in this Hon'ble Court, the contents whereof may kindly be treated/
read as an integral part of this application.

2. That as per averments of the said Suit, the applicant/defendant No.1

has good prima facie case and the same is very likely to succeed.

3. That the balance of convenience is in favour of the applicant/

defendant No.1 and against the plaintiffs.

4. That the plaintiff No.1 has signed a MOU with K-Electric with
malafide to apply coercive acts and actions against the defendant
No.1 during pendency of the instant Suit implementing unlawful
interference in a sub-judice matter.

5. That K-Electric under express instructions/directions of plaintiff

No.1 has disconnected electricity of the defendant N.1 which is
illegal, unlawful and colourable exercise of power by the plaintiff No.1
and K-Electric.

6. That the defendant No.1 is neither an illegal occupant nor defaulter

of K-Electric. K-Electric has no power on the basis of MOU signed in
between plaintiff No.1 and K-Electric to initiate action without
adhering Section 24 of the Electricity Act.1910 read with Clause 8.1
of Customer Service Manual approved by NEPRA therefore question
arise whether the plaintiff No.1 and K-Electric are above the
law? In this connection Honourable Court held---proceeding initiated
without notice declared without lawful authority. Strict compliance of
 provision of section 24 must be insisted upon. Case law 1985 CLC
2245 & PLJ 1996 Lah 668 (DB)

7. For the reasons disclosed as above, it is most respectfully prayed

that this Hon’ble Court may be pleased to pass order granting
interim injunction directing K-Electric to restore electric connection
of A/c.

8. That if the respondents are not restrained from taking any adverse
act/action against the applicant/defendant No.1, he shall suffer
irreparable loss.

Under the circumstances, it is, therefore, most respectfully prayed

that pending the final adjudication of the main Suit, the K-Electric be
graciously directed to restore electric connection of A/C No. and plaintiff
No.1 and K-Electric may kindly be restrained from taking any adverse
order against the applicant/defendant No.1 without due process.

Ad-interim relief orders are also solicited to meet the ends of

justice.

Karachi
Dated: 24.12.2018
APPLICANT/Defendant No.1

Through Counsel:

(Masood Ahmed Bhatti)

Advocate High Court
Reg. No. ADVO-SBC-15177-KHI
Cell # 0335-4192939
IN THE COURT OF 1ST SENIOR CIVIL JUDGE, KARACHI SOUTH
CIVIL SUIT No. 1201/2015

Pakistan Telecommunication Company Limited & another------------Plaintiff

VERSUS
Ayub Khan Sanjrani & another-----------------------------------------Defendants

SUIT FOR POSSESSION AND MENSE PROFIT

AFFIDAVIT IN SUPPORT OF APPLICATION U/O 39 RULE 1 & 2 OF CPC

READ WITH 151 CPC FOR INTERIM INJUNCTION
I, Muhammad Ayub Khan Sanjrani s/o Allah Rakhio Khan Sanjrani, Muslim,
CNIC # 42301-7539388-7, Cell # 0300-9265439, adult, r/o Karachi, do hereby
solemnly affirm and declare that:-

1. That I am Defendant No.1 in the instant Suit, as such am well conversant

with the facts of the case. The above numbered Suit for possession and
mense profit which pending adjudication before this Hon’ble Court.

2. That I say that the accompanying application has been drafted by the
advocate under my specific instructions and contents of the said
application may be treated as an integral part of this affidavit for the sake of
brevity. The contents of the accompanying “Application for interim
injunction and also ad-interim” are true and correct to the best of my
knowledge and belief and nothing has been concealed or misrepresented
there-from.

3. That Mr. Abdul Hammed, Manager Inspection, IBC Saddar (R-II), K-Electric
unlawfully disconnected electric supply of the Defendant No.1 on 17-09-
2018 as a consequence of joining hands with the Plaintiff No.1 in a sub-
judice matter.

4. That the valuable fundamental rights of the Defendant No.1/applicant

enshrined under Arts.’ 9 & 14 under the Constitution are involved in the
above titled case.

5. That if the petition of the Defendant No.1/applicant is not accepted, the

petitioner will suffer an irreparable loss.

6. That whatever has been stated above is true and correct to the best of my
knowledge and belief and nothing has been concealed.

DEPONENT

Karachi Identified by me
Dated: 24-12-2018

Advocate
Solemnly affirmed before me at Karachi on this 24th day of December, 2018 by the
deponent above named who is identified to me by Masood Ahmed Bhatti Advocate
High Court who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT