924/2026 Const. P. Abdul Rauf Tabani & others (Petitioner) V/S Special Court for Co-operative Societies & Ors (Respondent)

924/2026 Const. P. Abdul Rauf Tabani & others (Petitioner) V/S Special Court for Co-operative Societies & Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 28-APR-26

In these circumstances, and particularly in view of the consensus between the learned counsel for the parties, this Court finds a fresh adjudication/decision by the learned trial Court is needed, based on the existing evidence and in accordance with law, would ensure a fair, comprehensive, and legally sound determination of the rights of the parties. 11. Accordingly, the impugned judgment and decree are set aside, and the matter is remanded to the learned Special Court for Cooperative Societies, Karachi Division, with direction to decide the suit afresh, strictly on merits, after proper appraisal of pleadings and evidence already on record, and without being influenced by the observations contained in the impugned judgment. The learned Trial Court shall also ensure that all material issues, including title, alleged fraud, validity of the lease/sub-lease, and entitlement of the parties, are determined through a reasoned and issue-wise judgment. The learned Trial Court is further directed to conclude the proceedings expeditiously, preferably within one month, to avoid further delay in adjudication. 12. Both petitions stand disposed of in the above terms, along with all pending applications.