1. SAYED ZAHID HUSSAIN, J. - In the suit for declaration instituted by the petitioner application for the grant of temporary injunction was filed, In that ad interim relief was granted by the Trial Court and the said application, was still pending. However, appeal was filed by the respondents before the first- Appellate Court qua the said order dated 26.3.2005. The appeal was eventually disposed of by the learned Additional District Judge, Faisalabad on 19.7.2005 with the observations that "Through the impugned order, the learned Trial Court did not dispose of the application filed under Order 39, Rules 1 and 2 of C.P.C.,, so it is not appropriate for me to discuss the fate of the said application with details rather first of all it is the prerogative of the learned Trial Court to dispose of the said application finally in accordance with law. The instant appeal is disposed of with the direction to the respondent/plaintiff to deposit half amount of the disputed bill viz. Rs. 304,622/- before the learned Trial Court and thereafter the learned Trial Court would dispose of the application filed under Order, Rules 1 and 2 of the C.P.C. The plaintiff will submit the surety bond to the extent of remaining disputed amount." It is abundantly clear that the suit as also the application filed by the respondent/plaintiff was still pending before the Trial Court when the above order was passed by the learned Appellate Court. Without dilating, upon the correctness or otherwise of the order passed by the learned Appellate Court, at this stage when the application filed by the respondent/plaintiff is still pending before the Trial Court, it is observed that the matter being still pending before the Trial Court should have been left by the Appellate Court to be decided by that Court in the first instance instead of interfering with the same. The order, of the Appellate Court is thus not sustainable.
2. The present revision petition is accordingly disposed of with the direction to the learned Trial Court to decide the . Application filed by respondent/plaintiff strictly in accordance with law uninfluenced by any observation contained in the appellate order of the learned Additional District Judge, Faisalabad, It will however, be done as expeditiously as possible preferably within two months.