JUDGMENT

Bennet, J. - This is an execution first appeal by the decree-holders against an order of the execution Court dismissing the application for execution by sale of mortgaged property. The facts are that there was a preliminary decree for sale on a mortgage-deed and a first appeal has been taken against that preliminary decree. Subsequently a final decree had been prepared for sale and the decree-holders applied for execution of this final decree. The order in question is that as an appeal was pending from the preliminary decree and further property in addition to the mortgaged property had been attached by the decree-holders, the sale should not be allowed, and the execution application for sale was dismissed with costs. A preliminary objection was taken that no appeal lay. As the order definitely states that the execution application is dismissed, we consider that it is an order u/s 47, Civil P.C., and an appeal does lie. The proper procedure for the execution Court would be to act under the. provisions of Order 41, Rule 6, Sub-rule (2). That rule states that the Court may stay execution

on such terms as to giving security or otherwise as the Court thinks fit until an appeal