Monday, 29 January 2018

4 Successful Mediations today 29.01.2018

Attempt to Murder-Criminal Case:

1. A criminal trial referred by Judge Rana Ilyas Bashir Judicial Magistrate Section 30 Sargodha.
FIR No, 538/13 Police Station Jhal Chakian-Sargodha under Section 324/337F1/F5/F3/109 titled as The State vs Abdul Ghafar Khan. Parties had a fight previously due to which they had enmity resulting into this fight. Complainant and injured forgave accused in the name of Allah almighty. Parties agreed to establish a friendly relationship in future. 

Cheque Dishonor-Criminal Case:

2. A criminal trial referred by Judge Tariq Farooq Shah Judicial Magistrate Sargodha in case FIR no. 536/15 Police Station City-Sargodha under Section 489-F Pakistan Penal Code titled as The State vs Abid Rashed.
3. A criminal trial referred by Judge Tariq Farooq Shah Judicial Magistrate Sargodha in case FIR no. 572/15 Police Station City-Sargodha under Section 489-F Pakistan Penal Code titled as The State vs Asif Nawaz.
Parties had a transaction of household articles and electronic items on different dates for which various cheques were issued and few of those cheques were dishonored resulting into FIRs. Payments of disputed cheques have been adjusted today and there remains no transaction between parties inter se. Parties agreed to maintain a cordial relationship and will prefer business transactions with each other as compared to other parties in the market. 

Land Dispute-Civil Case:

4. A civil case referred by Judge Muhammad Haroon Learned Civil Judge Sargodha titled as Abdul Salam etc vs Ahmed Hassan. It was a suit for Declaration and Permanent Injunction. There were three plaintiffs and a defendant who were members of a family. There was a property worth 05 marlas in their joint ownership. Three plaintiffs wanted to sell their share while defendant was demanding Rs 5 lac as his expense incurred on the same. Case was received at ADR Center on 17.01.2017 after which I conducted various joint and separate sessions but still there was a deadlock in the negotiations that is of the claim of Rs. 5 lac. 
Today after one separate sessions I conducted a joint session and asked the Naib Qasid for tea. When the tea was served, I narrated a story to the parties which is described here.
Once there was a poor man who worked so hard and fate supported him so that he became a rich man. He was about to die when he wrote his will for his only son and afterwards he died. The will read "in a metal box lying in the other room, are my old shoes of the time when I was poor and I love them so much therefore I want to be burried by putting them on." The boy called for religious clergies and asked their opinion, who all said that the dead person can not put on shoes as there is only coffin. Then the eldest and most learned of the clergies gave the boy the second will of the father saying "my son I want you to know that you have to leave everything behind while entering the grave. Never forget God and all the worldly affairs are your enemies."
The tea ended with the story. Likewise the defendant who was putting the claim of Rs. 5 lac said that he relinquished the claim however raw material on the disputed land belongs to him. Others agreed leading to successful mediation. Suit disposed off being infructuous.  



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