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725/2015 Suit Mazhar Ali. (Plaintiff) V/S M/s. Pak Avenue Owners/Occup. Welf. Ass. & Others. (Defendant)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)

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725/2015 Suit Mazhar Ali. (Plaintiff) V/S M/s. Pak Avenue Owners/Occup. Welf. Ass. & Others. (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author) Order Date: 08-OCT-19

The undisputed record and the evidence adduced by the parties, concludes that Defendants and particularly Defendant No.1 was responsible for causing the death of the deceased Mazhar Ali, because despite collecting enormous amounts towards maintenance charges each month from different offices/Units in the said Building, the elevators / lifts were not maintained properly. Negligence rather callousness of Defendant No.1 in particular, is also proved from the undisputed fact that no remedial measures were taken even after another incident preceding the one of the present lis, in which a person was injured due to fault in one of the lifts (in the said Building).

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