SYED HAMID ALI SHAH, J. -After arguing the matter at some length, both the learned counsel for the parties, have reached the consensus for the disposal of the instant appeal in the following terms:-
(i) that order impugned shall remain unaltered but the sale of suit property- shall be made with intimation to the learned Trial Court and every agreement shall contain the clause that suit for specific performance is pending, so that vendee may not get the protection and advantage of bona fide purchaser in terms of Section 41 of the Transfer of Property Act; and
(ii) that a direction for expeditious disposal of the case be given to the Trial Court.
2. Ln views of the above consensus, the instant appeal is disposed of with the direction to the respondent to intimate the Court as well as the vendee about the sale of suit land during the pendency of the suit.
3. Learned Trial Court is directed to decide the suit as earlier as possible without granting unnecessary adjournments to either party, preferably within a period three months from today. The plaintiff will conclude |his evidence within one month i.e. By or before 1st of March, 2007. Ln case of failure to conclude the recording of evidence within the stipulated period, learned Court will be at liberty to invoke penal provisions of the C.P.C. The defendants will also conclude its evidence within a month i.e. by or before 1st April, 2007. Thereafter the arguments shall be addressed and the learned Trial Court will decide the suit by or before 1st of May, 2007.
4. The appeal is disposed of in the above terms.