ORDER :

B.N. Agrawal, J. - Leave granted.

2. Heard the learned counsel for the parties.

3. By the impugned order, the High Court vacated the interim order passed by it on 19-8-2004, in Second Appeal No. 3124 of 2004. It appears that in a suit for specific performance of contract, decree was passed by the trial court and the same was confirmed by the lower appellate court. When the matter was taken to the High Court in second appeal by the defendant, the appeal was admitted on 19-8-2004 and execution of decree was stayed. Thereafter the respondent entered appearance and filed a petition for vacating stay, which has been disposed of by the impugned order and the interim order has been vacated by the High Court by observing that the second appeal was concluded by concurrent finding of fact. In our view, when the matter had already been admitted after formulating substantial question of law, while disposing of the petition for vacating stay, it was not proper for the High Court to observe that the second appeal was concluded by concurrent finding of fact and vacating the order of stay on that count.

4. This being the position, the appeal is allowed, impugned order is set aside and the peti