ORDER : Heard learned counsel for the parties. 2. Petitioner is the judgment-debtor in Title (Eviction) Suit no. 2/2009. He has approached this Court for setting aside of the order dated 2nd September, 2015 passed in Execution Case no. 22/2014 by learned Civil Judge, Sr. Division (V), whereunder writ of delivery of possession has been issued. Petitioner has in the averments made in the writ petition stated that he has appeared on notice in Execution Case no. 22/2014 executed by decree-holder respondent herein. He has filed his show cause under Order XXI Rule 23 of Code of Civil Procedure. Petitioner claims to have made a petition for stay of execution case before Appellate Court of learned District Judge No. 16, Dhanbad under Order XLI Rule 5 of Code of Civil Procedure of which Annexure: 3/1 has been annexed. 3. Apart from taking other pleas, the respondents have taken objection to the plea of the petitioner that he had preferred an application for stay of the execution before Appellate Court which was not decided by the Appellate Court till issuance of the delivery of possession. Counsel for the respondents by referring to the ordersheet of the Appellate Court submits that no such petition instituted is reflected from the ordersheet nor has it any time been moved on the part of the petitioner. 4. I have considered the submissions of the parties and the relevant material facts pleaded. The Civil Procedure Code under the provisions of Order XXI Rule 26 provides for conditions when the Executing Court may stay execution of a decree. The provisions of Order XXI Rule 26 is quoted hereunder: “Rule 26 : When Court may stay execution.(i) The Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto. (2) Where the property or person of the judgment-debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application. (3) Power to require security from, or impose conditions upon, judgment-debtor. Before making an order to stay execution or for the restitution of property or the discharge of the judgment-debtor, [the Court shall require] such security from, or impose such conditions upon, the judgment-debtor as it thinks fit.” Order XLI Rule 5 is also quoted hereunder: “Rule 5 : Stay by Appellate Court.-(1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree. [Explanation – An order by the Appellate Court for the stay of execution of the decree shall be effective from the date of the communication of such order to the Court of first instance, but an affidavit sworn by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.] (2) Stay by Court which passed the decree. Where an application is made for stay of execution of an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which passed the decree may on sufficient cause being shown order the execution to be stayed. (3) No order for stay of execution shall be made under sub-rule (1) or sub rule (2) unless the Court making it is satisfied (a) that substantial loss may result to the party applying for stay of execution unless the order is made; (b) that the application has been made without unreasonable delay; and (c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him. (4) [Subject to the provisions of sub-rule (3)], the Court may make an ex parte order for stay of execution pending the hearing of the application. [(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.]” 5. The Appellate Court may for sufficient cause, order for stay of the execution of such decree though filing of an appeal in itself shall not operate as a stay of proceedings or a decree or order appealed from. 6. Though parties are at variance on the question whether a petition for stay of execution was filed by the judgment-debtor/petitioner herein but considering the totality of facts and the availability of appellate forum provided under the Code of Civil Procedure itself for seeking such a stay of the execution of the decree, it is considered proper to give a liberty to the petitioner herein to press his application for stay before Appellate Court within a period of 10 days. It is informed that the next date fixed before appellate court is 1st March, 2016. Counsel for the petitioner and respondents submits that on the said date, parties would advance their submissions on the question of stay before appellate court so that the appellate court may take a decision on the said plea raised by the judgment-debtor/petitioner herein. Needless to say dependent upon such decision, the Executing Court would proceed in the matter of execution. In view of the order passed, the Executing Court would not take any coercive steps till 10th March, 2016. 7. The Appellate Court would proceed to hear the main appeal thereafter expeditiously. 8. Accordingly, the writ petition is disposed of in the aforesaid manner. Petition disposed of.