' ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances:--
1. Appellants' suit for pre-emption was decreed on 3-1-1984 on condition of deposit of Rs,37,815 minus 1/5th pre-emption money already deposited before 8-2-1984 failing which the suit was to stand dismissed. The appellants filed an appeal which was dismissed by the learned Additional District Judge, II, Sahiwal vide judgment and decree dated 14-3-1984. The appellants filed a Civil Revision which too was dismissed by a learned Judge of the Lahore High Court vide order dated 16- 1-1985. The appellants sought leave to appeal on the ground that "even though the question whether extension should be granted or not was within the discretion of the learned Additional District Judge, yet he did not exercise his discretion in this regard one way or the other, for, his judgment does not indicate that he had applied his mind to this aspect of the case". Leave was granted on 31-5-1988.
2. Learned counsel for the respondent has pointed out that when the appeal in the first instance came up before the learned Additional District Judge, II, Sahiwal with an application for suspension of the order dated 3-1-1984, directing deposit before 8-2-1984, the appeal was admitted and it was directed that "the respondents are restrained from drawing the preemption money, if deposited by the decree-holder in Court within time till the decision of this appeal". This is vide order dated 29-1- 1984. Learned counsel submitted that the Additional District Judge II, Sahiwal had applied his mind to the request of the appellants for suspension of the order dated 3-1-1984 but had not acceded to.
He only directed that the respondents shall not withdraw the amount till the hearing of the appeal.
3. Since leave was granted on the assumption that the learned Additional District Judge had not applied his mind which he had done as is apparent from his order dated 29-1-1984. There is no force in this appeal. It is accordingly dismissed but in the circumstances the parties are left to bear their own costs.