ORDER :

B.N. Agrawal, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The Trial Court decreed the suit for declaration of title and recovery of possession. Against the said decree, when the appeal was preferred before the High Court, prayer for stay of further proceeding in the execution case was refused. Hence, this appeal by special leave.

4. Undisputedly, the suit property is a residential house in which the appellants are residing. It is well settled that in cases where the subject of suit is residential premises and the judgment-debtor is residing in it, prayer for stay is ordinarily granted. of course, for special reasons, it may be refused. In the present case, no special reason has been assigned by the High Court for declining the appellants' prayer for stay. This being the position, we are of the view that the High Court was not justified in refusing to grant stay.

5. Accordingly, the appeal is allowed, impugned order refusing the prayer for stay is set aside and it is directed that, pending disposal of the appeal before the High Court, further proceeding in the execution case shall remain stayed on appellants' depositing in the Executing Court a sum of Rs. 1,000/