ORDER ALI AKBAR QURESHI, J. - The petitioners assail legality of order dated 24.5.2006, whereby, learned Additional District Judge, Lahore, by accepting the revision petition of the respondents, set aside order dated 10.6.2005, passed by the learned Trial Court declining further time to deposit the balance amount with reference to the correction of the judgment and decree of the said Court.
2. Precise facts of the case are that on 24.4.1996, respondent/plaintiff filed a suit against the petitioners for specific performance of contract with regard to Plot No. 87, Block G-ll (now Block G- lll) measuring 422 Sq. Mts. Situated procure judgment in terms of the decree sought in Suit No. 824/2005 the respondent would be liable to protect the rights of the appellant in exercise of the power conferred by the Code of Civil Procedure. When confronted with the above position learned counsel for respondent has agreed for the disposal of the appeal on the premises that pending disposal of the suit respondent would either deposit the title documents of a property as a security with the Nazir of this Court or shall furnish bank guarantee within one month. Learned counsel for appellant seems to be satisfied from the above statement therefore the impugned order is hereby set aside with a direction to the respondent to furnish document of immovable property as security/bank grantee in the sum of Rs.
9,00,000/- with the Nazir of this Court within one month which shall meet the ends of justice, with the above observations High Court Appeal No. 318/2005 is hereby allowed with no orders as to cost. .