KHALID MAHMOOD MALIK, J. --- Applicant has filed this C.M. For impleading as a party in the above titled writ petition as respondent No. 6. It is alleged that Muhammad Afzal Bhelum, respondent No. 2 in writ petition has filed an execution petition against Muhammad Nazir, petitioner (judgment-debtor in main case) who filed instant writ petition. Respondent No. 1 had purchased agriculture land in auction proceedings. Later on he executed agreement to sell in favour of applicant and also received amount of Rs. 21,50,000/- out of Rs. 30,00,000/-. The outstanding amount of Rs. 8,50,000/- was to be paid by the applicant to respondent No. 1 at the time of completion of sale-deed. The applicant be permitted as necessary party by impleading respondent No. 6 in the writ petition.
2. Arguments heard.
3. Record reveals that in execution petition the attached property of the petitioner (judgment- debtor) was sold in auction proceedings which was purchased by respondent No.
1. The petitioner being owner of the sale property has filed an application under Order XXI, Rule 89, C.P.C. For setting aside sale which was dismissed by learned Courts below. The present applicant is not proper and necessary party in this writ petition as controversy between the parties with regard to Order XXI, Rule 89, C.P.C. Can be decided without impleading present petitioner as party. The principle of lis pendens is applicable in the case of the applicant as the applicant has entered into agreement to sell with regard to disputed property during pendency of the case.
4. In view of above circumstances, instant CM is hereby dismissed. Civil Miscellaneous.