P.R. BORA, J.

1. Heard. Rule. Rule made returnable forthwith by consent of learned Counsel appearing for the parties.

2. Under which circumstances the execution of the decree can be stayed by invoking Order XXI Rule 29 of the Code of Civil Procedure, is the short question, to be determined in the present petition.

3. The present petitioner had filed Special Civil Suit No. 57/2010 against the present respondents which has been decreed on 10th September, 2013. As per the decree so passed, the present respondents were directed to repay to the present petitioner, amount of Rs. 37,94,140/- within the period of three months from the date of decree. The decree also specifies that the suit property shall be kept under the charge of Rs. 37,94,140/- till recovery of the amount by the decree holder from the judgment debtors.

4. Since the order passed in the aforesaid Special Civil Suit was not complied with, the petitioner initiated the Execution proceedings vide Regular Darkhast No. 4/2015. In the said Regular Darkhast proceedings, the present respondents filed an application at Exhibit-30 invoking Order XXI Rule 29 of the Code of Civil Procedure (for short, CPC) and prayed for staying