1. 1 and 2. In pursuance of the execution of decree the possession was handed over to the decree- holder from the defendant/J.D. The applicant Muhammad Akbar filed an application for restoration of the possession with the plea that he was in possession which was taken from him.
2. ' By order, dated 14-4-2003, the 0/A was directed to examine the contention of the parties and also to examine the bailiff, who has handed over the possession to the decree-holder. Affidavit of the bailiff and the parties were filed and learned 0/A submitted his detailed report that a portion which was in possession of Muhammad Yousuf, was handed over to D/H by bailiff. The plea of the applicant Muhammad Akbar in such circumstances is not tenable. The possession cannot be restored. The applicant is prosecuting his own suit before District Court for specific performance of contract. Therefore, unless his right is matured even on that plea possession cannot be restored.
3. The application is, therefore, dismissed with no order as to costs.