( 1 ) AN application for stay of operation of the order appealed against being order dated 17th August, 1993, made by the learned Assistant District Judge, Seventh Court at Alipore, in Title Suit Nor. 107 of 1993 came up for hearing before this Court. As suggested and agreed, the application and the first miscellaneous appeal itself are taken up for disposal. Filling of formal paper books is dispensed with,

( 2 ) HAVING heard Mr. Tapan Kumar Mitra, learned Advocate for the defendants-petitioners-appellants and Mr. Shyama Prasanna Roychowdhury with Mr. Narayan Chandra Bhattacharyya, learned Advocates for the plaintiffs-opposite parties-respondents, it transpires that a comprehensive title suit being Title Suit No. 107 of 1993 has been filed before the learned Assistant District Judge, 7th Court at Alipore for specific performance of contract relating to the properties consisting of 3. 21 acres of land situated at Mouza Paschim Barisa.

( 3 ) HAVING heard Mr. Tapan Kumar Mitra, learned Advocate for the defendants-petitioners-appellants and Mr. Shyama Prasanna Roychowdhury with Mr. Narayan Chandra Bhattacharyya, learned Advocates for the plaintiffs-opposite parties-r