BEFORE THE LEARNED 1st ADDITIONAL MUNSIFF,
FOREST COURT, JAMMU
SAKINA BIBI VERSUS MANZOOR HUSSAIN & ORS.
In the matter of:- An Aapplication under section 10 of CPC, for
staying the above-titled suit and
vacation/modification /cancellation of the stay
order dated:- 10-10-2025.
May it please your Honour:
The applicants most humbly submit as under:-
1. That the above-titled suit is pending disposal before this Hon’ble
Court, in which the next date of hearing is fixed for today, i.e, 28-
10-2025.
2. That the above-titled suit is completely false, frivolous, and
treacherous. The suit has been filed by the plaintiff by concealing
the fact that an earlier suit regarding the suit property has been
filed by the applicants/defendants, and the same is pending
before the learned 4th Additional Munsiff Jammu. The said suit is
fixed for orders in the interim application on 7-11-2025. Copy of
the suit is enclosed herewith.
3. That it is very important to mention here that one Mohd Iqbal,
who is the son of the plaintiff herein, i.e., Sakina Bibi, was
interfering in the land of the applicants herein and threatening
them. The applicants had no other option but to approach the
Hon’ble Court, and when the suit was filed before the Hon;ble
Principal District Judge, the applicants came to know that the son
of the Plaintiff herein had already filed a caveat with regard to
the suit land, which is subject matter of the present suit as well,
and as soon as the applicants/defendants herein filed a suit for
permanent prohibitory injunction before the Hon’ble Dist. Judge
Jammu, the said suit along with the caveat was transferred to the
court of learned 4th additional Munsiff Jammu on 29-09-2025, and
then the matter was fixed for arguments on 06-10-2025. The son
of the plaintiff herein, i.e., Mohd Iqbal, appeared before the court
along with his counsel, Shri Rakesh Pandita, who argued the
matter before the learned 4th additional Munsiff Jammu and the
Hon’ble Court, after hearing both sides, was pleased to fix the
matter for orders on 07-11-2025. As such, for all practical
purposes, Mohd Iqbal, who is the son of the plaintiff herein, filed a
caveat and appeared before the Hon’ble Court and argued the
matter on behalf of the plaintiff here as well as the subject
matter, i.e suit property is the same.
4. That the plaintiff herein, Sakina Bibi d/o Ghulam Ali w/o Haji Mohd
Hussain, has never appeared before this Hon’ble court, and the
suit has been filed in her name by Mohd. Iqbal, who is a notorious
land grabber and manipulator of revenue records, and in
connivance with the officers of the revenue department, trying to
usurp the land belonging to the applicants.
5. That be that as it may, the parties for all practical purposes are
the same, and the subject matter of the suit is also the same, as
the plaintiff herein has claimed land measuring 2kanals and 7.5
marlas falling under khasra no. 476 and in the suit filed by the
applicants, which is pending before the 4 th additional Munsiff
Jammu with regard to land measuring 7 kanals, comprising
khasra no. 263, 475, and 476, which includes the suit land
herein,i.e 2 kanals and 7.5 marlas.
6. That by concealing the fact of pendency of suit between the
same parties and with regard to the same subject matter of the
earlier suit, the plaintiff herein has tried not only to mislead this
Hon’ble court but also to poison the fountain of justice just to
deprive the applicants herein of their proprietary right over the
suit land.
7. That the Hon’ble Courts are very jealous about such unbecoming
behaviour of the litigants and have frowned upon such litigants
time and again. Similarly, in the present case also the plaintiff
also deserves to be fallen upon heavily so that in the future the
plaintiff doesn’t dare to misrepresent and mislead the Hon’ble
courts.
8. That parties to the above suit are the same or litigating
themselves or under whom they are litigating for the same
property and matter is also directly and substantially the same in
issue as is involved in a previously instituted suit by the
applicants herein, which is pending before the 4th additional
Munsiff Jammu, in which the next date of hearing is fixed on 07-
11-2025.
9. That it is also very interesting to note that there is no order from
this Hon’ble court to serve the order and notice through the
Police. But surprisingly, the non-applicant’s son Mohd Iqbal came
to the applicants along with a police constable to serve the
summons and order, which is also a matter of investigation as to
how the police came to implement the order by overowing the
applicants.
It is therefore humbly prayed that the order dated:-
10-10-2025 passed by this Hon’ble court may kindly be
vacated/cancelled in the interest of justice, as the same has been
obtained by the plaintiff in this suit by playing fraud not only on
the applicants but on this Hon’ble court itself. Since the
applicants have received only an order and no plaint is with the
applicants as such, they reserve their right to file a written
statement in the matter.
An affidavit in support of this application is enclosed
herewith.
Applicant
through counsel
Pervaiz Ahmed Chowdhary
Advocate