ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.465 of 2018

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

HEARING / PRIORITY CASE:

1. For hearing of CMA No.3959/2022.

2. For hearing of CMA No.3960/2022.

3. For hearing of CMA No.3961/2022.

4. For hearing of CMA No.2809/2019.

5. For hearing of main case.

6. For hearing of CMA No.2633/2019.

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Dated; 13^th December 2022

M/s. Shahenshah Hussain and Muhammad Ali Jan, Advocates for Appellant.

Mr. Farhan Zia Abrar, Advocate for Respondents No.6 to 88.

Mr. Asadullah, Advocate for Respondent No.5.

Mr. Taimoor Ali Mirza, Advocate for Intervenor.

Mr. Ziauddin Junejo, Asst. A.G. Sindh.

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Assistant Registrar-III, Abdul Ahad Morejo, of respondent No.2 is present and requests for further time to file objection on behalf of the respondent No.2/Registrar, Cooperative Societies Sindh. It is regretted to note that instant High Court Appeal is pending since 2018, however, no reply/objection have been filed so far by the official respondents. As an indulgence and last chance, 10 days’ time is granted to file reply/objection with advance copy to the other side.

Learned counsel for the intervenor/proposed respondents No.89 to 98 has filed a statement alongwith annexures and submits that proposed intervenor i.e. current management of PIDC Employees Multipurpose Cooperative Housing Society Limited, has filed a Suit No.1820/2022 in respect of the subject land of the society, seeking declaration, possession, permanent and mandatory injunction, in which vide order dated 22.11.2022 the learned Single Judge has been pleased to pass an order on the application for inspection, whereas, the parties have been directed to maintain status quo. Such statement is taken on record, copy of which has been supplied to the learned counsel for appellant, who submits that the proposed intervenors are not the elected management of the society, as no election has been held so far, whereas, the said election was stayed pursuant to the impugned order dated 10.11.2018 passed in J.M. No.61/2018 [Suit No.482/2015, against which instant appeal has been filed. It has been prayed that objection/comments may be called from the Registrar Cooperative Societies Sindh to this effect and instant appeal may be finally heard and decided to avoid further litigation in respect of the subject land.

As an indulgence and last chance, we are adjourning this matter to 20.12.2022, when all the learned counsel for the parties are directed to come prepared to proceed with the matter, whereas, objection/comments, if any, by the Registrar Cooperative Societies Sindh shall be filed positively. No further adjournment will be granted.

At this juncture, learned counsel for the appellants submits that the appellants have filed two applications listed at Serial No.1&2 with the prayer that the Nazir may be directed to inspect the subject site, as the land grabbers are encroaching upon the land, whereas, existing construction has been demolished and new construction is being raised. Let Nazir or Deputy Nazir shall inspect the subject site while associating both the parties or their nominees and also the concerned authorities and the official respondents within seven (7) days and to submit compliance report on the next date of hearing. Nazir’s fee in the sum of Rs.30,000/- shall be paid in advance by the appellants.

J U D G E

*Farhan/PS*