( 1 ) THE short question raised in this petition is whether in a case where this Court has in the exercise of appellate jurisdiction declined to grant stay of execution in exercise of powers under O. 41, R. 5 (1), of Civil PC. , it remains open to the execution Court to stay sale of immovable property in execution of the decree in exercise of powers under O. 41,r. 6 (2), C. P. C. The petitioner obtained a decree against the respondents for recovery of certain amount of money. Against the decree, there is first appeal filed at the instance of the respondents which is pending decision before this Court. An application was made before this Court by the respondents for execution of the decree being stayed which has, however, been rejected under O. 41, R. 5 (1) of Civil P C. In execution of the decree the certain immovable property belonging to the respondents has since been attached. The question arose of sale thereof. The judgment -debtors made application under O. 41, R. 6 (2) before the execution Court which has on security being furnished by the said judgment-debtors stayed the sale of the said property which continues to remain under attachment.

( 2 ) SRI R. P Goe