ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

H.C.A. No.46 of 2024

Date	Order with signature of Judge

Hearing (Priority) Case

1. For orders on office objection at ‘A’

2. For hearing of Main Case.

3. For hearing of CMA No.240/2024

11-08-2026

M/s. Danish Nayyar and Najullah Siddiqui, advocate for the appellants.

Mr. Ayan Mustafa Memon, advocate for respondents.

Ms. Amna Usman, Assistant Advocate General Sindh.

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This High Court Appeal has been preferred against the ad-interim order dated 01.01.2024 passed by learned Single Judge in Suit No.Nil of 2024 (Muhammad Asif & others v. Muhammad Ashraf Machiyara & others) on the stay application under Order XXXIX rule 1&2 read with Section 151 CPC whereby the defendants No.1 to 8 were restrained from performing functions as members managing committee of the defendant No.9 (Kathiawar Co-operative Housing Society Limited) from the defendant No.9’s bank accounts mentioned in paragraph No.17 of the plaint.

The record reflects that, while issuing notices in the instant appeal vide order dated 29.01.2024, this Court suspended the operation of the impugned order dated 01.01.2024. The appeal has since remained pending without any substantial progress on merits. In order to secure an expeditious resolution of the controversy, and without expressing any opinion on the merits of the case or prejudicing the respective rights and contentions of the parties, we deem it appropriate to dispose of the instant appeal by directing the learned Single Judge to take up and decide the pending application for injunction under Order XXXIX Rules 1 and 2 CPC as well as the application under Order VII Rule 11 CPC, strictly in accordance with law, after affording a fair and reasonable opportunity of hearing to all concerned. The aforesaid applications shall preferably be decided within a period of thirty (30) days from the date of receipt of a copy of this order.

In the meanwhile, and until decision of the aforesaid applications by the learned Single Judge, the parties shall maintain status quo in respect of the subject matter of the suit.

The instant High Court Appeal, along with all pending applications, stands disposed of in the above terms.

JUDGE

Naveed PA.