JUDGMENT

Petitioner is the judgment debtor. Respondent is the decree holder. AS per Ext.P1 judgment in O.S.58/05, respondent is entitled to realise Rs.27,000/- with interest and cost from petitioner. Petitioner filed A.S.176/06 challenging Ext.P1 judgment with an application to condone the delay in filing the appeal under Section 5 of Limitation Act.

2. The case of petitioner was that because of the delay, petitioner cannot get an order of stay of execution from the appellate Court and meanwhile, executing Court is proceeding with the execution and therefore, petitioner has filed an application for stay before the executing Court and stay was not granted. This petition is filed under Article 227 of Constitution of India for a direction to Munsiff to issue a certified copy of W.P.(c)32305/06 2 the order dismissing the application for stay and a direction to quash the order of executing court dated, 26.10.06.

3. Order XXI Rule 26 of Code of Civil Procedure enables the executing Court to grand an order of stay in proper case. The decree is for money. Even under Order XLI Rule 5 of Code of Civil Procedure, petitioner is not entitled to get an order of stay without furnishing sufficient se