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2007 YLR 893

MUHAMMAD ARSHAD vs Ch. UMER MAHMOOD, ADVOCATE and another

Citation2007 YLR 893
CourtLahore High Court
Case No.Regular First Appeal No,33 of 2004
Date2006-03-16
Judge(s)Muhammad Khalid Alvi, Maulvi Anwar-ul-Haq
ResultOrder accordingly

ORDER

' This Regular First Appeal is against a money decree passed by a learned Additional District Judge, Sahiwal in favour of-respondent No, 1 and against the appellant in a suit filed by respondent No,l against the appellant as well as respondent No,2.

2. Vide order dated 1-2-2005 the appellant was directed to deposit the decretal amount in the trial Court as a term of stay of execution. We are told that the said amount has been deposited with the learned trial Court.

3. Learned counsel for the parties after arguing the matter at some length have arrived at an agreement. The R.F.A. Is disposed of in the following terms:-

(i) The impugned judgment and decree dated 24-1-2004 of the learned Additional District Judge, Sahiwal is set aside.

(ii) The leave to defend is granted to the appellant subject to the condition that the decretal amount deposited by him shall remain so deposited by way of surety for payment of the decretal amount.

(iii) The said amount shall be invested by the learned trial Court in a Federal Government profit bearing scheme to be disbursed along with profit to the party succeeding in the suit.

4. Learned trial Court shall take all steps to decide the suit before the year 2006 is out. Records to be remitted to the learned trial Court by the Office immediately and parties to appear before the learned trial Court on 15-4-2006 and on the same day the appellant shall file written statement.

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