1589/2026 Const. P. Zakir Hussain (Petitioner) V/S M/s. Delhi Raiyan Cooperative Housing Society & Or (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author)
1589/2026 Const. P. Zakir Hussain (Petitioner) V/S M/s. Delhi Raiyan Cooperative Housing Society & Or (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon, Hon'ble Mr. Justice Zulfiqar Ali Sangi(Author) Order Date: 27-APR-26
For the foregoing reasons, and in view of the settled legal position, this petition is hereby allowed. Consequently, the impugned order dated 23.12.2023 is set aside in its entirety. The application filed under Order VII Rule 11, C.P.C., stands dismissed, and the plaint is restored to its original position, to be proceeded with in accordance with law. The trial Court is further directed to resume the proceedings from the appropriate stage, to frame the necessary issues arising out of the pleadings of the parties, and to afford them full opportunity to adduce their respective evidence. The matter shall thereafter be decided strictly on merits, uninfluenced by any observations made in the impugned order. In the interest of expeditious disposal, the trial Court is directed to conclude the proceedings, as far as practicable, within a period of two (02) months from the date of receipt of this order.