' HAMID ALI MIRZA, J.---This is a civil petition for leave to appeal directed against an order dated 9- 12-1998 in R.A. No,127 of 1998 passed on an application (C.M.A. No,1008 of 1995) by the learned Single Judge of the Sindh High Court at Karachi.
2. The brief facts of the case are that the petitioner was serving in Postal Department of Federal Government and became member of respondent No,1/Society by virtue of his Share No,7097. He applied for allotment of land measuring 1000 square yards in PECHS vide letter dated 14-9-1982, but no allotment was made in his favour, therefore, he moved an application on 27-9-1982 under section 54 of the Cooperative Societies Act, 1925, which proceedings "A.B.N. No,50 of 1982" were referred to a nominee who was pleased to decree his claim for allotment of 1000 square yards plot as per award dated 8-11-1982. Respondent/Society filed an Appeal No,14 of 1982 before the authority which was also dismissed on 30-4-1983 and no revision or further appeal was filed, consequently award passed attained finality. Respondent/Society yet failed to allot a plot to the petitioner, therefore, after obtaining a certificate wider section 59(1)(a) Of the Cooperative Societies Act from the Registrar that the order of nominee was not carried out, the petitioner filed Execution Application No,5 of 1984 (New No,23 of 1995) in the Court of XXXII Civil Judge IInd Class, Karachi, wherein the respondent/society filed a statement to the effect that the petitioner would be allotted a plot of land, residential or commercial, when the same would be available, as per award, but no objection to the area of plot 1000 square yard was raised. Thereafter, executing Court, VIIth Civil Judge, Karachi East, as per order dated 10-3-1988, directed the respondent/society to allot a plot of 1000 square yards to the decree-holder within 15 days and also directed the society to retain a residential or commercial plot of 1000 square yards out of 217 plots in Block 6 of respondent/society. However, time and again the respondent/society sought time to allot a suitable plot of 1000 sq. Yards to the petitioner/decree-holder. Ultimately, respondent/society/judgment-debtor offered to allot Plot No,74/P/2, Block 6, PECHS admeasuring 300 square yards having become available in Suit No,840 of 1991 when compromise application filed on 26-3-1994 mentioned the Plot No,74/P to be of 1000 square yards, consequently petitioner sought attachment of Plots Nos.74/P/2 and 74/L in Block No,6 PECHS, Karachi and the executing Court attached both the plots, but in respect of Plot No,74/L admeasuring 700 square yards the executing Court directed to get the award modified to state expressly that it was 1000 square yards. The petitioner being aggrieved against the said condition with regard to modification in the award, filed an Appeal No,149 of 1994, which was allowed by VIIth Additional District Judge on 25-5- 1995 and the above order with regard to modification of the award was set aside and it was held that award related to allotment of 1000 sq. Yards. The respondent/society filed Revision Application No,127 of 1995 against the order dated 25-5-1995 passed by VIIth Additional District Judge, Karachi East before the Sindh High Court wherein respondents Nos.2 to 4/interveners filed separate Applications Nos.1008 of 1995, 1009 of 1995, 439 of 1998, 815 of 1998 and 769 of 1998 for joining them as parties to the proceedings. The learned Single Judge dismissed the civil revision and the miscellaneous applications made for joining the interveners as parties to the proceedings, but at the same time learned Single Judge observed that the applicants/respondents would be at liberty to move proper applications for becoming party before the executing Court. The petitioner/decree-holder being aggrieved of the said observation that the applicants/interveners would be at liberty to move the executing Court for becoming party has filed this civil petition for leave to appeal.
3. We have heard the learned counsel and perused the record.
4. It would appear from the record that the petitioner got the award in his favour against respondent/society in respect of allotment of 1000 square yards plot in PECHS, Karachi and after obtaining non-satisfaction certificate from the Registrar, Cooperative Societies, moved an execution application before the executing Court for the satisfaction of the decree obtained by him. None of the interveners/respondents Nos.2 to 4 was party to the proceedings since 1982 initiated by the petitioner/decree-holder for allotment of plot in his favour in terms of the decree, consequently the interveners/applicants could not be said to be necessary or proper party to be made in the proceedings after about 16 years since the proceedings were initiated by the petitioner/decree-holder. The learned Single Judge has rightly dismissed civil revision as well as applications of respondents 2 to 4/interveners for becoming party, however, the directions with regard to allowing the said respondents to move the executing Court for becoming party was redundant and uncalled for in the revisional jurisdiction of the High Court, considering that they cannot be termed to be necessary and proper party in the circumstances of the case. In case the said respondents/interveners considered themselves to be entitled to allotment of land, being members of the Society, they could independently and separately move the authorities in accordance with law without interfering with' the rights of the petitioner/decree-holder which he has acquired on the basis of award passed in his favour after having pursued the same for 16 years.
5. In the circumstances, leave to appeal is granted and the petition is converted into an appeal.
The impugned order allowing respondents 2 to 4/interveners to move the executing Court for becoming party is set aside, consequently appeal is allowed with no order as to costs.