Judgment : 1. This civil revision petition is filed challenging the order of the court below in refusing to stay the auction sale by six months. 2. The petitioner herein as the second defendant/Judgment debtor filed the above application under Order 26 Rule 5 C.P.C. seeking for stay of the auction sale, which was scheduled to be held on 09.09.2009 by six months so as to enable him to challenge the decree in the meantime. The court below has rejected the stay by holding that the petitioner has not given any details as to whether he has taken any steps to file appeal as against the decree passed against him by obtaining the certified copy in the meantime. The finding of the court below is that the petitioner was trying to drag on the proceedings. Accordingly, the application was dismissed by the court below. 3. Heard both sides. 4. The very prayer sought by the petitioner before the court below is to stay the auction sale proceedings by six months from 09.09.2009. Even though the said application was rejected by the court below, the fact remains that the very extension of time sought by the petitioner is already expired by this time. Therefore, nothing survives in this civil revision petition to be adjudicated upon further. Accordingly, the civil revision petition has become infructuous and the same is dismissed as infructuous. 5. It is submitted by the learned counsel for the respondent that the E.P. is still pending in view of the pendency of the above civil revision petition. 6. Since this Court has dismissed the civil revision petition as infructuous, the Executing Court is directed to take up the E.P. and dispose of the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is also dismissed.