2023 CLC 1315 ISLAMABAD

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MUHAMMAD MOINUDDIN KHAN VS DISTRICT JUDGE, ISLAMABAD Ss. 12(2) & 35(1)(i)---Constitution of Pakistan, Art.199---Constitutional petition--- False and vexatious litigation---Cost of litigation, awarding of---Petitioner filed ejectment petition claiming himself as owner of suit property, which was decreed ex-parte in favour of petitioner--- Respondent claimed to be owner of suit property and had filed application under S.12(2), C.P.C. against ex-parte order which order was set aside and was maintained by Lower Appellate Court---Validity---Previous owner entered appearance and had authenticated transfer of suit property in the name of respondent---Original owner too was burdened with frivolous litigation and an injury to his valuable property on the basis of false and vexatious litigation was caused---Respondent had to file an application under S.12(2), C.P.C., for getting ex-parte eviction order set aside and also contest revision petition filed by the petitioner and present Constitutional petition---Respondent was unnecessarily dragged in litigation by petitioner---Petitioner repeatedly abused Courts in order to fulfill his evil design of grabbing valuable property of respondent---Petitioner repeatedly filed vexatious and frivolous claims in various Courts and had wasted precious time of Courts---Petitioner caused anguish and pain which was brought to other party by unnecessary, unfair and prolonged litigation---Respondents filed their respective costs of litigation statements in terms of S.35 (1)(i), C.P.C.---High Court declined to interfere in concurrent findings of two Courts below and had awarded cost of litigation to respondents against petitioner---Constitutional petition was dismissed accordingly.