JUDGMENT

S.K. Ghose, J. - The applicants before as are defendants in Title Suit No. 11 of 1937 which was decreed on 21st September 1938. One of the terms of the decree which is material to the present purpose is that the applicants were ordered to remove certain buildings and structures on the land in suit within three months from the date of the decree. Against that decree the applicants preferred an appeal to this Court on 28th November 1938. That appeal is pending. On 2nd December 1938, the applicants being desirous of the execution of the decree being stayed filed an application to that effect in this Court. On 5th December 1938 that application was summarily dismissed. Thereafter the petitioners on 9th December 1938, applied to this Bench for the grant of certificate of leave to appeal to his Majesty in Council. On 12th December 1938, that application was refused by this Bench. It is stated in the present application before us that the petitioners took steps to file an application for special leave to appeal and for stay of execution of the said decree to His Majesty in Council. But on 18th December 1938, the petitioners received a telegram from their London Solicitors to the e