BEFORE THE COURT OF HONOURABLE DISTRICT JUDGE,
PESHAWAR
Appeal No _________/2025
1. Mst: Somaia Bibi widow late through L.Rs
I. Khaista Gul
II. Fazal Gul
III. Khaili Gul
IV. Jan Muhammad (sons)
V. Mst: Bakht Bibi
VI. Mst: Rahat Bibi (daughters)
2. Mst: Fatima Jan widow late through L.Rs
I. Miskeen
II. Bakhtiar
III. Fazal Hussain (sons)
IV. Mst: Shoukata D/O Amir Muhammad
3. Mst: Taja widow late through L.Rs
I. Ghulam Muhammad
II. Fida Muhammad (sons)
4. Mst: Shah Jehan widow late through L.Rs
I. Akhtar Munir
II. Fazal Mula
III. Atif (sons)
IV. Mst: Gulnar
V. Mst: Robina
VI. Mst: Nizakata
VII. Mst: Shakeela (daughter)
5. Mst: Robina (issueless died)
6. Nazar Muhammad
7. Hawas Khan husband of Abdul Mutalib S/O Met: Tajreean
daughter Shehrish (first husband)
8. Waris Khan
9. Abdul Haq and others Rs/O Mouza Babuzai Tehsil and District
Peshawar
10. Patwari Halaqa Mouza Babuzai, Peshawar
11. Girdawar Circle, Peshawar.
12. Tehsildar Circle, Peshawar………………….. (Appellants)
VERSUS
1. Rashid Mehmood Khan
2. Hassan Mehmood Khan (sons)
3. Mst: Nageena Mehmood Khan
4. Mst: Masooma Naz Khan Ds/O Fazal Mehmood
Khan
5. Mst: Maqsooda Begum D/O Sultan Muhammad
6. Sikandar Hayat Khan S/O Dost Muhammad
7. Mst: Nabeela Begum (widow)
8. Mst: Muskan Amjad
9. Mst: Gabeen Amjad
10. Mst: Hoor Amjad
11. Mst: Wafa Amjad
12. Mst: Esal Amjad Ds/O Amjad Hayat
13. Tajdar Ajmal
14. Hamad Khan
15. Taimoor Khan (sons)
16. Mst: Maria Ajmal D/O Ajmal Hayat Rs/O Mouza
Babuzai Tehsil and District Peshawar
(Respondents)
___________
Civil Appeal under Section 96 r/w Order
XLI against the judgment and decree
dated 31/07/2025 of Learned Civil
Judge-XX, Peshawar; whereby prayer
“Alif” “Bay” and “Daal” of the plaint
was decreed in favour of
Respondent/Plaintiff.
PRAYER-IN-APPEAL:-
On acceptance of this Appeal, the judgment/decree and order
dated 31/07/2025in suit No 310/1 of 2019 passed by learned
Civil Judge-XX, Peshawar may kindly be set aside and
consequently suit of Respondents/plaintiffs for Declaration cum
Permanent and Directory injunctions etc may kindly be
dismissed. Value for the purpose of Court fee and jurisdiction Rs
1,000/- (as a whole)
BRIEF FACTS:-
1. That the respondents/plaintiffs filed a suit for r
Declaration cum Permanent and Directory injunctions
etc bearing suit number 310/1 of 2019 against the
appellants/defendant. (Copy of the plaint is attached
herewith).
2. That notices/ summons were to the
defendants/appellants and defendants/appellants
were appear before learned trail court.
3. That appellants after service, contested the suit,
submitted his written statement of the plaint of
Respondents and annexed all his ownership
documents i.e fard jamabandies mutation etc to the
effect that appellants are the sole owner of the
property in question and Respondents have no
concerned with property in question. The detailed
facts are duly mentioned in the written statement.
(Copy of the written statement is attached herewith).
4. That after submission of written statement the
learned trail court issue, notice under Order XV-A
CPC was also given to the parties to assist the Court
on the following questions of determinations:
I. Whether the plaintiffs are the owners of
the suit property as per record?
II. Whether the defendants were required by
law to file a civil suit or pay any
compensation to the landlord within 03
years of the NWFP Tenancy Act 1950?
III. Whether the defendants have acquired the
status of owners and the impugned
mutations are made in accordance with
law?
IV. Whether the plaintiffs are entitled to the
decree as prayed for?
5. That for clearing the above narrated question the
council of the appellant submitting before the court for
summoning the AOK and PH along with all detail record
from the 1895-1896 till 2025.
6. That after the AOK and PH produce all the documents
record and witnesses examined by council of both the
parties.
7. That the AOK and PH detailed record from the 1895-
1896 till 2025, clearly shows that the appellant is owner
of the property in question, but instead that the learned
court use his deaf ear and passed the decree judgment
in favoure of the respondents.
8. That the bias ness of the learned civil judge shows from
para number 12 of judgment/decree i.e “The
defendants otherwise could not alleged a single
document regarding sale, gift, registry etc in
favour of the defendants which could establish
the ownership of the defendants”. While on the
other hand the appellant annexed all his ownership
documents in his written statement ( ) واقعاتیpara no 4,
and the AOK and PH all record crystal clear about the
ownership of appellant on whole property in question.
9. That appellant feeling aggrieved from the impugned
judgment and decree dated 31/JULY/2025 of the learned
Trial Court, the Appellants preferred the instant appeal
on the following grounds amongst others:-
GROUNDS OF APPEAL:-
A. That the impugned judgment and order of learned
Trial Court is against material available on record and
in utter disregard of relevant provisions of law, hence
not tenable.
B. That the learned Trial Court has committed great
error of law, while decreeing the suit of Respondents
as there is nothing on the record, and Appellant have
provided valid evidence in support of his case.
C. That the judgment and decree of the learned Trial
Court do not qualify the requirements of judgment
and decree as prescribed by law, hence the same is
liable to be struck down on this score alone.
D. That the findings of Court below is wrong, based on
misreading and non-reading of evidence, hence the
impugned order is liable be set at naught.
E. That the impugned judgment and decree is based on
misinterpretation and misapplication of law, hence
the same is liable to be set at naught.
F. That the impugned judgment and order on the basis
of conjuncture and surmises and not sustainable in
the eyes of law.
G. That the learned Trial Court has decided the case of
the Appellant/defendant on the basis of presumptions
and assumptions and has not based its findings on
concrete proofs, solid evidence and established law
governing the subject.
H. That the learned Trial Court has decided the case of
the Appellant on the basis of presumptions and
assumptions and has not based its findings on
concrete proofs, solid evidence and established law
governing the subject.
I. That any other grounds will be raised at the time of
arguments with the permission of this Honourable
Court.
It is, therefore, respectfully prayed that
on acceptance of instant Appeal, the judgment and decree
dated 31/07/2025 of the learned Civil Judge-XX, Peshawar
may kindly be set aside and consequently suit of
Respondents for Declaration cum Permanent and Directory
injunctions etc may kindly be dismissed.
Any other relief, which this Honourable
Court deems just and appropriate in the circumstances of
the case, not specifically asked for, may also be granted in
favour of Appellants against the Respondents
Appellants
Through:
Sheikh Asghar Ali
Hazrat bilal Khazana
Muhammad Israr
Mir Wali
&
Wajeeha gul marwat
Advocates,
Dated: -……………………… High Court
Peshawar
CERTIFICATE:-
No such like appeal has earlier been filed by the
Appellant before this Honourable Court on the subject
matter.
Advocate
BEFORE THE COURT OF HONOURABLE DISTRICT JUDGE,
PESHAWAR
C M No _______/2025
Mst: Somaia Bibi (late) through L.Rs and others
VERSUS
Rashid Mehmood Khan and others
___________
Application for the suspension
impugned order/ judgment dated
31/07/2025 of the learned Civil
Judge-XX, Peshawar till the final
disposal of the Appeal in hand
Respectfully Sheweth: -
1. That the captioned Appeal, along with the instant
application is being filed in this Honourable Court,
wherein no date of hearing has yet been fixed.
2. That the Appellants request for the grant of interim
relief on the following inter-alia :-
GROUNDS: -
A) That due to the grounds set out in the main Appeal,
Appellants have got good prima facie case in their
favour and is hopeful of its success.
B) That, if the operation of impugned order/judgment
dated 31/07/2025 is not suspended, then the
Appellants would suffer extreme irreparable loss.
C) That due to the peculiar circumstances of case in
hand, balance of convenience also lies in favour of
allowing this application, concerning suspension of
the impugned judgment and decree dated 31/7/2025
in suit No 310/1 of 2019
It is, therefore, respectfully prayed
that on acceptance of this Application, interim relief as
prayed for in the heading of application may be passed in
favour Appellants against the Respondents.
Applicants/Appellants
Appellants
Through:
Sheikh Asghar Ali
Hazrat bilal Khazana
Muhammad Israr
Mir Wali
&
Wajeeha gul marwat
Advocates,
Dated: -……………………… High Court
Peshawar
AFFIDAVIT:-
It is, solemnly affirm and declare on oath that all the
contents of this Application are true and correct to the
best of my knowledge and belief and nothing has been
concealed OR withheld from this Honourable Court.
DEPONENT
