1. THIS is an application for stay of all further proceedings in Title Execution case No. 177 of 1955 of the Court of the Second Munsif. Alipore. The defendant appellant is the petitioner before me. Against him a decree for ejectment from certain premises was obtained by the plaintiff respondent opposite party. Thereupon the defendant preferred a second anneal to this court which is numbered as S. A 1388 of 1955. In the meantime, the plaintiff respondent started an execution case in Title Execution Case No 177of 1955 in the Court of the Second Additional Munsif at Alipore for enforcement of the decree for ejectment. The defendant petitioner applied to this Court for stay of execution of that decree and for stay of all further proceedings in the said execution case and obtained a Rule from this Court namely Civil Rule No. 2730 (s) 55 On 8-12-55, by consent of parties that Rule was made absolute by Lahiri, J on certain terms. Some of the said terms are reproduced below:-

"(b) If within that period the petitioner deposits in the Trial Court a sum of Rs. 1000/- (Rupees one thousand only) to the credit of the decree holder opposite party, the execution will remain stayed during