The short question that arises for consideration in this writ petition is: whether the Executing Court under Order 21, Rule 26 of the Civil Procedure Code can stay the execution proceedings till the disposal of the appeal to be preferred by a judgment-debtor subsequent to filing of the execution.

2. The facts leading to this case are; the petitioner has obtained a decree against the respondents in Civil Suit No. 71 of 1996 before the Civil Judge (Junior Division), Jallandar for recovery of Rs. 37,450/-. The respondents-defendants are the residents of Sindhanur District. The petitioner-decree-holder filed an application for transfer of the decree for execution. Accordingly, the decree was transferred to the Court of Civil Judge (Junior Division), Sindhanur, in Execution Petition No. 17 of 2003. After receipt of the notice from the Executing Court, the respondents-judgment-debtors filed an application under Order 21, Rule 26 of the Civil Procedure Code to stay the execution of the decree till the disposal of the appeal in R.C.A. No. 10 of 2004 filed before the District Judge, Jallandar contending that the judgment-debtors were not served with suit summons and that the decree-ho