1. This application in revision is directed against an order refusing to stay execution under Or. 21, R. 29 of the Code of Civil Procedure (hereinafter to be referred to as the Code).

2. It appears that the opposite party second set and the father of petitioners 1 and 2 filed a title suit (Title Suit No. 136 of 1960) in the court of the 2nd Munsif, Chapra, against the opposite party first set for a declaration of their title to some lands alleged to have been taken in settlement from the landlord and recovery of possession thereof. The Opposite Party first set defendants contested the suit and claimed to have taken settlement of the lands from the other defendants, who are said to have taken settlement of those lands from the zerpeshgidars of the landlord. The suit was decreed by the trial Court. As against that there was an appeal (Title Appeal No. 2/28 of 1964) which was allowed and the decree passed by the trial Court was set aside. The Opposite Party thereafter levied execution of the decree of the appellate court for costs and filed a petition under Sec.144 of the Code for restitution by delivery of possession of the lands in question. This was treated as a miscellaneo