DEOCHAND Vs. SHIV HAM

JUDGEMENT

(1.) This application purports to be one under O. XLV, Rr. 2 and 5 of the Supreme Court Rules and contains the following prayers:

(2.) The respondents-decree holders have obtained possession over the land in suit in execution of the decree in their favour. The petitioners did not take any action under O. XLV, R. 13 (2), Civil Procedure Code, at the time the respondents-decree holders applied for execution. If they had applied to the High Court for the stay of execution, the High Court could have either allowed execution on taking security from the respondents for the due performance of any order which this Court might have made on the appeal or might have stayed the execution of the decree on taking security from the petitioners-appellants for the due performance of the decree appealed from or of any decree or order which this Court might make on the appeal. The question arises whether, after the decree has been executed and the decree-holders have been put in possession by the Court, this Court can put the respondents-decree holders to terms and direct them to furnish security for their delivering possession of the land in dispute and for payment of mesne profits, if the appeal succeeds and whether the Court can restrain the respondents-decree holders from transferring the lands in dispute, pending the decision of the appeal in this Court.

(3.) A notice of this petition was served on the respondents-decree holders, but they did not put in appearance.