Sibghat Ullah Khan, J. - (1.) THIS writ petition is being finally disposed of without issuing notice or hearing landlords -respondents 2 to 4, Mahendra Kumar Jain and others. In case they feel aggrieved by this order, they are at liberty to apply for its recall. Landlords -respondents filed S.C.C. Suit No. 7 of 1997 against tenant -petitioner before J.S.C.C. Jhansi for eviction and recovery of arrears of rent, which was decreed on 17.10.2003. Against the said judgment and decree petitioner filed a revision, which was belated by a few weeks. The revision has been filed along with an application for condonation of delay and is pending before the Additional District Judge/Special Judge S.C.S.T. Act, Jhansi, in the form of Miscellaneous Case No. 227 of 2003. In the said revision no order has yet been passed on delay condonation application. Petitioner filed objections under section 47, C.P.C. before the Trial Court in Execution Case No. 30 of 2004, which had been filed by the landlords for execution of the decree dated 17.10.2003. The main ground taken by the petitioner in his objection under section 47, C.P.C. is that until decision of revision, which he has filed against the decree, he must not be disposed. The said objections were registered as Miscellaneous Application No. 67 of 2005. The said application was rejected in default on 27.8.2005. Petitioner has filed restoration applications against the said order. Through this writ petition order dated 27.8.2005 has been challenged.
(2.) EXECUTING Court has got no jurisdiction to stay executions of decree on the ground that revision or appeal against the decree is pending. It is only Appellate or Revisional Court, which can grant stay order. Accordingly, first prayer in the writ petition seeking to quash the order dated 27.8.2005 is rejected. The second prayer in the writ petition is that till the decision of the aforesaid revision, petitioner may not be dispossessed. The said prayer is reasonable, hence accepted and it is directed that this revision registered as Miscellaneous Case No. 227 of 2003 pending before the A.D.J./Special Judge, S.C.S.T. Act, Jhansi shall be disposed of expeditiously, preferably within a period of six months from the date on which a certified copy of this order is filed before the Trial Court and or the Revisional Court. It is further directed that until decision of the said revision, petitioner shall not be evicted, provided that with effect from October, 2005 onward, petitioner deposits before the Revisional Court rent/damages for use and occupation @ Rs. 1000/ - per month by 7th of each succeeding month. The said amount of Rs. 1000/ - deposited as rent/damages for use and occupation for September, 2005 on 3rd October, 2005 before J.S.C.C. Jhansi under order dated 29.9.2005 passed in this petition shall also be permitted to be withdrawn by the landlords -respondents. Petitioner is also directed to deposit entire decreetal amount due till 31.8.2005 before the Revisional Court within 3 months from today. The said decreetal amount shall not be paid to any party until decision of the revision. In case of non -compliance with either of the above conditions, petitioner shall be evicted in execution. Writ petition is accordingly disposed of.;