ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-5853 of 2019

___________________________________________________________________                                        Date                                      Order with signature of Judge 

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For order as to maintainability of petition.

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11th August 2021

 

Mr. Shamim Iqbal Soomro, Advocate for Respondents No.1&2.

Mr. Shaharyar Mehar, Asst. Advocate-General Sindh.

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            No one is in attendance on behalf of the petitioner, no intimation is received.

Learned counsel for the respondents No.1&2 submits that instant petition is not maintainable as the matter relates to private parties, whereas, during its pendency respondent No.1 Association has already been dissolved and a new Society “Sara Apartment Maintenance Co-operative Society Limited Karachi” has been created and duly registered with the Registrar, Co-operative Societies, Karachi Division, Government of Sindh on 09.03.2020. Per learned counsel, the affairs of Sara Apartments are being run by the new Society, which has invited the residents to become its members, whereafter, election will be held in accordance with Bye-Laws of the Society. It has been prayed by the learned counsel for the respondents No.1&2 that instant petition, which is otherwise not maintainable, may be dismissed accordingly.

Since no one is in attendance on behalf of the petitioner, whereas, keeping in view the above development as pointed out by learned counsel for respondents, we dispose of instant petition with the directions to the respondents to conduct themselves strictly in accordance with law and to ensure that the affairs of the Society shall be carried out as per the terms and conditions detailed in the Bye-laws of the Society and in accordance with law, whereas, elections of the Society shall also be held accordingly. However, in case of any further grievance of the petitioner, the petitioner will be at liberty to file appropriate proceedings before the competent Forum/Court of Law.

Petition stands disposed of in the above terms.

 

      J U D G E

 

J U D G E

*Farhan/PS*