Hon’ble Pankaj Mithal, J.—Executability of the decree of permanent prohibitory injunction drawn on the basis of a judgment and order passed by the Court in exercise of power under Order VIII Rule 10 CPC as against only one of the defendants to the suit merely for not filing written statement of his defence within time fixed and allowed though the other defendant had filed his defence, is the subject matter of adjudication in the present writ petition.

Facts of the case :

2. One Riazuddin had two sons, Nabiullaha and Habibullaha. Nabiullaha had a son Waliullaha and a daughter Khatoon Jannat Bibi. Habibullaha had one son Hamidullah. As Muslim law permits marriage between first cousins, Hamidullaha married Khatoon Jannat Bibi. Hamidullaha had a son Asadullaha who died on 15.7.1995 leaving behind his widow Smt. Jamil Kazami and two sons Shamiullaha Kazami and Faridullaha Kazami though it is said that he had one more son Fasiullaha Kazami. On the death of Hamidullaha it is said that his wife Khatoon Jannat Bibi re-married one N.H. Naqvi and that Km. Asama and Zahira Latif are her great grand daughters.

3. The pedigree of Riyazuddin above for the sake of convenience is described her