1. ' WALI MUHAMMAD KHAN, J.---The Province of Punjab through Collector Rawalpindi seeks leave to appeal against the orders dated 5-4-1993 passed in C.M. No, 464-C/93 and dated 6-2-1993 passed in C.M. No, 452-C/92 in R.F.A. No, 28 of 1992, whereby the learned Division Bench of the Lahore High Court declined to stay the execution of the sale-deed in execution of the decree for specific performance passed by the trial Court viz., Civil Judge 1st Class, Rawalpindi dated 9-6-1992 and on the undertaking of Mr. Anwar Baig, Advocate, counsel for the plaintiff/decree- holder/respondent, that his client, in case of acceptance of the appeal shall vacate the premises and shall hand over its possession, refused to stay the execution proceedings and suspend the operation of the decree.
2. ' We have heard Mr. Gulzar Ahmed Qureshi, Advocate for the petitioner; Sardar Muhammad Aslam, Advocate, for the respondent; and have perused the record to the case.
3. The learned Civil Judge through its judgment dated 9-6-1992 decreed the suit of the plaintiff/respondent for declaration and injunction and specific performance of the contract with respect to the suit land measuring 8 Marlas and annulled the Cancellation Order No, 1227-A/AC (S) dated 7-8-1989 holding it illegal and void. The appeal filed against it before the High Court is pending disposal. However, the application of the petitioner under Order 41 Rule 5, C.P.C. For staying the execution proceedings has been dismissed on the undertaking given by the respondent that in the event of acceptance of the appeal he will vacate the premises and deliver its possession to the petitioner. In view of this guarantee the rights of the petitioner to be restored to the possession on the acceptance of appeal have been granted.
4. ' We do not find any legal error in the impugned orders of the High Court and decline to grant leave.
5. The petition is accordingly dismissed.