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Official Citation: 2026 SHC 232
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 490/2026 (D.B.) Sindh High Court, Karachi - Azhar Ali Shaikh & others (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 232. In this matter between Const. P. 490/2026 (D.B.) Sindh High Court, Karachi - Azhar Ali Shaikh & others (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 490/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 232 PARTIES: Azhar Ali Shaikh & others (Petitioner) ORDER DATE: 12-FEB-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH, KARACHI. C.P No. D-490 of 2026 (Azhar Ali Shaikh & others v Learned Vth Senior Civil Judge West & others) ____________________________________________________________ Dated Order with signature of Judge. ____________________________________________________________
Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:-12.02.2026. Mr. Ghulam Shabbir Buledi, Advocate for Petitioner. Mr. Farooq Iftikhar Gorahi and Rafeo Fazal, Advocates for Respondent Nos.8 to 20 Mr. Muhammad Anwar Khan, Advocate. Mr. Abdul Jalil Zubedi, A.A.G. ---------------
O R D E R Adnan-ul-Karim Memo, J Being aggrieved and dissatisfied with the Order dated 24.01.2026 passed by the learned Vth Senior Civil Judge Karachi West/Special Court for Co-Operative Societies (Karachi Division), the Petitioners seek the following relief: a) To Set -aside the order dated 24 -01-2026 passed by the learned Vth Sr. Civil Judge, West. b) To declare that any order to dissolve the Petitioners' elected managing body without due process of law is illegal, unlawful, and unconstitutional. c) Grant an interim relief/stay order, restraining the respondent from taking any action for dissolving the elected managing body/Petitioners or sealing the office premises of t he Petitioners till the final disposal of the instant petition. d) Any other relief(s) may be allowed in favor of the petitioner in the circumstances of the case.
2. The Petitioners challenged the Order dated 24.01.2026 passed by the learned Vth Senior Ci vil Judge Karachi West/Special Court for Co -Operative Societies under Section 117 of the Sindh Co -Operative Societies Act, 2020 , seeking its setting aside, declaration that dissolution of their elected managing body without due process is illegal, and inte rim protection against dissolution or sealing of the office. 3. The Petitioners claim to be the duly elected managing body of Gulshan -e- Kaneez Fatima Co -operative Housing Society (formerly M/s. KMC United Workers Co-operative Housing Society Ltd.), elected on 12.01.2025 under court
supervision, with notifications issued on 30.04.2025. They contend that subsequent attempts to supersede them were suspended or declared fake, and that Suit No.7084 of 2025 filed by Respondents led to ex parte orders and temporar y takeover of the premises. They further assert that the impugned order wrongly states that one year had lapsed without elections, despite acknowledging that they took charge on 07.05.2025. 4. The Respondents filed a counter affidavit stating that the inte rim order has merged into the final impugned order and agreed that the suit be decided within one month. 5. The learned AAG also supported expeditious disposal. 6. By consent of parties, the petition is disposed of with a direction to the trial Court to c onclude the suit within one month. In the meantime, status quo shall be maintained.
JUDGE
JUDGE
Jamil