KHAWAR BUTT Vs. ASIF NAZIR MIR

JUDGEMENT

(1.) By this common order, I proceed to dispose of the aforesaid four applications.

(2.) The plaintiff has preferred the present suit to claim damages of Rs. 1 crore and for mandatory injunction. Initially, there were two defendants in the suit defendant No. 1 being Asif Nazir Mir, and defendant No. 2 being Mrs. Shaziya Shaw. Defendant No. 2 was the wife of the plaintiff at the time of filing of the suit. In a nutshell, the case of the plaintiff -as originally pleaded in the plaint, was that defendant No. 1 was having an adulterous relationship with his wife-defendant No. 2. In the plaint, the plaintiff goes on to narrate as to how he came to learn of it; how others came to learn of it; the conduct of the two defendants, and; the actions alleged to have been taken by the two defendants in collusion with each other with a view to harm the good name and reputation of the plaintiff, and to induce divorce between the plaintiff and defendant No. 2. The plaintiff pleaded that defendant Nos. 1 and 2 colluded to post false allegations against the plaintiff - of his being in an illicit relationship with the wife of defendant No. 1. These allegations were posted on the Facebook page of the wife of defendant No. 1, Mrs. Shazia Bakshi. According to the plaintiff, the wife of defendant No. 1, Mrs. Shazia Bakshi was in touch with the plaintiff so as to keep the plaintiff informed of the conduct of the two defendants.

(3.) After the filing of the suit and upon issuance of summons in the suit, the plaintiff moved I.A. No. 10296/2010 under Order 23 Rule 1 CPC to give up his claim against defendant No. 2 then his wife, Mrs. Shazia Shaw. Along with the application, the plaintiff filed the agreement/settlement deed dated 17.06.2010 entered into between the plaintiff and defendant No. 2. This application was allowed on 06.08.2010.