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Civil Petition No. 56‑R of 1986, decided on 16th April, 1986.

(On appeal from the judgment and order dated 24‑2‑1986 of the Peshawar High Court, Circuit Bench at Abbottabad in R.F.A. 11 of 1986.)

‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O. XLI, r.5‑‑Execution of decree‑‑Stay refused but execution ordered to be suspended if respondent deposited disputed amount in executing Court within a specified time which could be withdrawn on furnishing bank guarantee.

Maqbul Ellahi Malik, Bar‑at‑Law, Senior Advocate and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.

Munir A. Sheikh, Deputy Attorney‑General and M.A. Siddiqi Advocate‑on‑Record (absent) for Respondent No.l.

Date of hearing: 16th April, 1986.

The petition is converted into an appeal and allowed in terms that the execution shall not be stayed; but if the first respondent deposits the disputed amount amounting to Rs.10,00,000 in the executing Court within three months, the execution shall stand suspended. The petitioners shall be at liberty to withdraw the amount so deposited in the Court provided they furnish a bank guarantee in the like amount within three weeks of the date of deposit of the said amount.

M.I. Order accordingly.

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