Arunabha Barua, J.- - (1.) This revisional application under Article 227 of the Constitution of India is directed against order dated 21.4.97 passed by the learned Assistant District Judge, Sealdah, in Title Appeal No. 79 of 1996.
(2.) The opposite parties as plaintiffs brought an eviction suit in respect of a shop room against the petitioner-defendant in Title Suit No. 75 of 1990 in the Court of learned Munsif, 2nd Court, Sealdah and got a decree. The petitioner- defendant, i.e. the tenant filed Title Appeal No. 79 of 1996 before the learned Assistant District Judge, Sealdah. To get their decree executed, the opposite parties/plaintiffs execution case No. 53 of 1996 before the learned Munsif, 2nd Court, Sealdah. But the petitioner-defendant also filed an application for stay of all further proceeding of the said Title Execution Case No. 53 of 1996 till the disposal of the said Title Appeal No. 79 of 1996. The said application for stay was heard by the learned Assistant District Judge, Sealdah on 3.9.1996 and the same day, he passed an order staying the said execution case being No. 53 of 1996 pending before the learned Munsif, 2nd Court, Sealdah. A copy of that stay order was also directed to be sent to the learned Munsif, 2nd Court, Sealdah for information and necessary action.
(3.) The petitioner alleges that such an urgent order of stay was required to be sent to the Court of learned Munsif, Sealdah, immediately and according to him it was in fact sent on the same date to the Munsif's Court but the Court Officers had failed to bring it to the notice of the learned Munsif. To the surprise of petitioner he found that in the morning of 6th September (6.9.1996), the locked door of his tenanted shop room was broken open and the opposite parties/plaintiffs had put a separate padlock there and a number of belongings were missing from the shop room.;