Saturday 27 January 2018

4 Successful Mediations today 27.01.2018

Land Dispute-Civil Case:

1. A civil case referred by Judge Muhammad Qaddafi Bin Zair Learned Senior Civil Judge (Judicial) Sargodha.
Titled as Muhammad Ashraf versus Saddiqan Bibi etc. It was a suit for specific performance and permanent injunction. Parties were real brothers and sisters who sold their inheritance share to one brother namely Muhammad Ashraf in 1995. Suit was filed in 2011 in which all the brothers and sisters gave conceding statement except one sister namely Razia Begum who contested the case. This case was sent to ADR Center Sargodha on 26.01.2018 i.e. yesterday when I conducted two joint sessions and two separate sessions and then called the parties for today. Today I conducted two joint sessions and one separate session with each of the parties upon which Razia Begum said that if her brother Muhammad Ashraf seeks forgiveness, she is ready to concede his claim. Accordingly Muhammad Ashraf sough forgiveness and both brother and sister hugged each other with tears in their eyes. They were very happy and praised the system of ADR/Mediation and the Honorable Chief Justice Lahore High Court Lahore. They agreed to maintain cordial relations with each other in future. Suit is decreed in favor of Muhammad Ashraf.

Recovery of Money-Civil Case:

2.  A civil case referred by Judge Azra Naseem Learned Civil Judge Sargodha. It was a suit for recovery of money worth Rs. 25000/- titled Sami Ullah vs Abdul Rehman. This suit was an off shot of a criminal proceeding which was withdrawn by Abdul Rehman. After conducting two joint sessions and two separate sessions, parties, who are living in the neighborhood, agreed to compromise and forgive each other's past conduct and maintain a friendly relationship in future. Suit is disposed off being infructuous. 

Maintenance and second marriage-Family and criminal Case:

3. A private complaint under family law for second marriage of husband referred by Judge Hafiz Khalid Mehmood Learned Judicial Magistrate Sargodha titled as Tasneem Akhtar vs Muhammad Javed.
4. An execution petition of decree in suit for recovery of maintenance referred by Judge Rafaqat Sultan Learned Judge Family Court Sargodha, pending for almost seven years titled as Tasneem Akhtar vs Muhammad Javed.
Parties were husband and wife having a daughter when they had a fight resulting into single divorce pronounced by the husband. Husband had contracted a second marriage. Wife moved the private complaint mentioned above and filed a suit for recovery of maintenance which was decreed and execution was pending. Husband was paying monthly maintenance more than Rs. 8000/- per month in the court. This reference was received at ADR Center Sargodha on 09.01.2018. I conducted total four joint sessions and three separate sessions with each of the parties after which they sought time to sit separately and talk to each other. After that parties reconciled on the terms that they will remarry with fresh dower according to their personal law. Husband shall pay Rs. 10000/- maintenance allowance to wife and daughter who shall live in their separate house at Sargodha where husband can visit and stay with them. Suit and the private complaint dismissed as withdrawn. 


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