1. MUHAMMAD AFZAL ZULLAH, J: --The respondents/plaintiffs' suit for declaration relating to allotment of State land having been decreed the petitioner who now seeks leave to appeal has failed before the First Appellate Court and the High Court. The main question on which the petitioner wanted to non-suit the respondents side is one of limitation.
2. After hearing the learned counsel we consider it proper to examine; whether the suit filed by the respondents side was within limitation; and the related question; whether, it was for mere declaration or it was essential for the plaintiffs to seek setting aside of the certain orders passed in favour of the petitioner/defendant side, if not directly at least indirectly.
3. Security Rs.5,000 The petitioner if still in possession of the land in dispute, the same shall not be disturbed, provided he furnishes security for the mesne profits from the date of the judgment of the High Court, to the satisfaction of the executing/trial Court, within a reasonable time.