' CH. NAEEM MASOOD, J.---This petition is directed against the order dated 27-2-2007, passed by the learned Civil Judge, Okara, and the order dated 23-5-2007, passed by the learned Additional District Judge, Okara granting the stay order to the respondent.
2. The brief facts of the case, as submitted in the plaint, are that the respondent filed a suit for specific performance of the contract dated 23-5-2005 against the petitioners stating therein that petitioners Nos.1 and 2 were minors and petitioner No,3 was their guardian appointed by the Court.
It was further submitted that petitioner No,3 being guardian of petitioners Nos.1 and 2, executed an agreement to sell dated 23-5-2002 with regard to the property in dispute in favour of the respondent.
3. Along with the suit, an application under order XXXIX, rules 1 and 2 was also filed for restraining the petitioners/defendants from dispossessing the respondent/plaintiff. This application was accepted by the learned trial Court and the learned Appellate Court upheld the stay order.
4. It is contended by the learned counsel of the petitioners that the agreement to sell was not executed by the petitioners. It is also contended that petitioners Nos.1 and 2 minors at that time and petitioner No,3 had not been appointed as their guardian.
5. I have heard the learned counsel of the petitioners and perused the record.
6. The major point which has been considered by the lower Courts is that the respondent is in possession of the property in dispute and agreement to sell placed on the record clearly shows that the entire payment has been made. In this view of the matter, when the possession of the property in dispute is with the respondent, a prima facie case certainly has been made out and the respondent shall suffer an irreparable loss in case he is dispossessed. Balance of convenience also lies in his favour.
7. Besides, no jurisdictional error has been demonstrated to invite the revisional jurisdiction of this Court.
8. In sequel thereof the instant petition being is dismissed leaving the parties to bear their own cost.