HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6410 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Anil Kumar Mishra, learned counsel for the petitioner- defendant. 2. The grievance of the petitioner-defendant is that against the decree, which is operating against the defendant-petitioner, a Second Appeal has been preferred bearing number "1176 of 2010" which is pending. However, the respondents are proceeding with the execution proceedings. 3. Prayer in the present petition is for setting aside the execution proceeding. 4. In the opinion of the Court, in case there is no restraint order, then the execution is to proceed and in case, there is no interim protection accorded, it is always open for the defendant-petitioner to press the stay application in the pending appeal.\ 5. With the said observations, the writ petition stands disposed of. May 7, 2026 N.S.Rathour Versus Counsel for Petitioner(s) : Anil Kumar Mishra, Manoj Kumar Tripathi, Rama Shankar Mishra Counsel for Respondent(s) : (Vikas Budhwar,J.) Sanjay Sagar And 3 Others .....Petitioner(s) Smt. Sudha Sagar And 6 Others .....Respondent(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad