RATTAN KAUR Vs. MALUK SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the decree -holders against the order of the Senior Subordinate Judge, Ferozepur, dated April 29, 1978, whereby the petition of the judgment -debtors under Order 41, Rule 6(2) of the Civil Procedure Code (hereinafter referred to as the Code) has been accepted and sale of the property stayed.

(2.) BRIEFLY the facts are the Sohan Singh, husband of petitioner No. 1 and father of petitioner Nos. 2 to 6 was murdered by Maluk Singh and Surain Singh, respondents. The petitioners instituted a suit for damages against the respondents and decree for Rs. 45,700/ - with costs was passed in their favour of February 28, 1977. An appeal against the decree was filed in this Court on July 8, 1977, which was admitted on September 9, 1977. The appeal is still pending.

(3.) IT is contended by Mr. Sarin, learned counsel for the petitioners that the Court could stay the execution only on such terms as to giving security or otherwise as the Court thought fit. According to the learned counsel, the Court could not stay the execution unless some security had been given for payment of the amount in addition to the attachment of the land. In support of his contention, he placed reliance on Mst. Prito v. Iqbal Singh, (1978)80 R.L.R. 284, and Ranjit Singh v. Krishan Kumar, (1977)79 P.L.R. 734.