Prayers number.
XLV, r. 13 2 , Civil Procedure Code, at the time the respondents decree holders applied for execution.
The petitioners did number take any action under 0.
1223 of 1964 in Appeal from the judgment and decree dated August 31, 1962, of the Madhya Pradesh High Court in A. No.
XLV, rr.
CIVIL APPELLATE JURISDICTION Civil Miscellaneous Petition No.
Naunit Lal, for the petitioners.
2 and 5 of the Supreme Court Rules and companytains the following prayers to direct the respondents to furnish security for delivering possession of the lands in dispute and for payment of mesne profits and companyts which the petitioners might get in appeal to restrain the respondents from transferring the lands in dispute or creating any charge on the said lands pending the decision of the appeal in this Honble Court to send for the record of the case and get the record printed under the supervision of this Honble Court to order an early hearing of the case.
i and ii appear to have been made in view of r. 5 which provides that numberhing in the rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
If they had applied to the High Court for the stay of execution, the High Court companyld have either allowed execution on taking security from the respondents for the due performance of any order which this Court might have made on the appeal or might have stayed the execution of the decree on taking security from the petitioners appellants for the due per formance of the decree appealed from or of any decree or order which this Court might make on the appeal.
The respondent did number appear.
ORDER This application purports to be one under 0.
The respondents decree holders have obtained possession of the land in suit, in execution of the decree in their favour.
597 of 1960.
