C.R. No.14 of 2011 28.3.2011 Present:- Mr. Naresh Kaul, counsel for the petitioner. Respondent has been served but none has put in appearance on behalf of the respondent. 2. I have gone through the impugned order. The learned Executing Court has dismissed the application under Order 21 Rule 26 CPC on the ground that mere filing of the appeal is no ground for staying the operation of the judgment, decree dated 25.8.2004. No fault can be found with the order dated 31.12.2010, more particularly, when no error of jurisdiction has been pointed out by the petitioner in the impugned order. 3. The appeal filed by the petitioner against judgment, decree dated 25.8.2004 is pending before the learned Additional District Judge (1), Kangra at Dharamshala and is now posted on 27.4.2011. It has also been stated by the learned counsel for the petitioner that the condonation of delay application is also fixed on 27.4.2011. The petitioner has filed stay application in the appeal. In the interest of justice warrant of possession be not issued against the petitioner in pursuance of judgment and decree dated 25.8.2004 till the appeal is taken up by the learned Additional District Judge (1) Kangra at Dharamshala on 27.4.2011. This order shall terminate on 27.4.2011. Thereafter, the stay of the execution of judgment, decree dated 25.8.2004 shall abide by the order, if any, passed by learned Additional District Judge (1) Kangra at Dharamshala in the stay application in the appeal. The petition is disposed of on above terms. Copy dasti. March 28, 2011 ( Kuldip Singh ) (GR) Judge