ORDER : Notice. Mr. Romesh Verma, Advocate, appears, waives service and accepts notice on behalf of respondents. 2. Heard. Present petition has been filed for passing an order to defer/stay the order dated 24.9.2022 passed by Executing Court, Theog in Case No. 5-10 of 2015, titled as Abhishek vs. Durga Singh whereby Executing Court has issued warrant of possession to execute the order of eviction passed against petitioner/tenant in eviction petition filed by landlord. 3. Eviction petition was filed in the year 2001 which was allowed by the Rent Controller. Eviction order was affirmed by the Appellate Authority and thereafter tenant had approached the High Court by filing Civil Revision Petition. The said Civil Revision Petition was disposed of by High Court vide order dated 31.3.2011 as tenant(s) had consented to vacate the premises on approval and sanction of plan/map by concerned authority. 4. In the year 2015, landlord filed Execution Petition on the basis of approved and sanctioned plan by concerned authority. 5. In Execution Petition, tenants had preferred objections which were dismissed by Executing Court whereupon petitioners had approached this Court by filing CMPMO No. 285 of 2021 titled Durga Singh vs. Abhishek Vashishth which was dismissed by this Court on 31st August, 2022. 6. After dismissal of aforesaid petition of tenants vide order dated 31.8.2022, Executing Court has passed order dated 24.9.2022 to execute the order of eviction passed against the tenants. 7. In present petition, order passed by Executing Court has been sought to be deferred/stayed on the ground that tenant has filed SLP along with interim application before the Supreme Court which is pending adjudication. 8. Execution petition, to execute consent order to vacate passed in the year 2011, is pending since 2015. In present petition, no order passed by the Executive Court, has been assailed. There is no provision or logic to stay an order passed by an Executing Court for filing of Special Leave Petition in the Supreme Court unless such execution is stayed by the Supreme Court. 9. Filing of an appeal does not operate as a stay against the impugned order and further that interim stay, if any, is to be granted by the Court wherein impugned order has been assailed. 9. Filing of an appeal does not operate as a stay against the impugned order and further that interim stay, if any, is to be granted by the Court wherein impugned order has been assailed. This Court has already rejected the plea of petitioners vide order dated 31.8.2022 referred supra and thereafter Executing Court had passed further order which is not under challenge in this petition. 10. Considering entire facts and circumstances of the case, I find no merit in this petition and accordingly, petition is dismissed being misconceived. Pending application, if any, also stands disposed of. By taking a lenient view, keeping in view the fact that petitioners may be acting under the wrong advise of Advocate, for filing of present petition, no cost is being imposed.