SH. AZMAT SAEED, J. --- This appeal is directed against the order dated 27.4.2006 granting a temporary injunction in favour of the respondent in a suit for partition, declaration and rendition of accounts filed by her against the appellants.
2. The dispute inter se the parties pertains to the estate of one Muhammad Akram deceased. It is, inter alia, contended by the learned Counsel that by way of the C.L.R. impugned order the appellants have been restrained from dealing with the property which did not belong to Muhammad Akram Butt deceased but was in the names of the appellants.
3. Learned Counsel for the respondent, on the other hand, has contended that the said properties were in fact Benami and were actually owned by Muhammad Akram deceased while the appellants were only the ostensible owners.
4. Without prejudice to their respective stands the learned Counsel for the parties seek disposal of the appeal in the following terms:-
(a) That the impugned order dated 27.4.2006 granting temporary injunction shall stand modified to the extent that it shall not apply to the following properties:-
(i) Plot No. 394, Shadman Colony No. 1, measuring 1 Kanal, 18 Marlas, 25 sq. Ft.
(ii) Shop No. 17, Gold Centre, 31- Commercial Zone, Liberty Market, Gulberg-III, Lahore.
(b) That the temporary injunction shall only apply in respect of 1/20th share in Shop No. 18-G, 31- Commercial Zone, Liberty Market, GulbergIII, Lahore.
5. This appeal is accepted and the order dated 27.4.2006 stands modified as aforesaid.
6. Both the parties pray for an expeditious disposal of the suit. Consequently with the consent of the parties the Trial Court seized of the matter is directed to expeditiously decide the suit by granting short dates of hearing so as to conclusively decide that matter by or before 30th of June, 2007. .