Judgement This was a petition by the appellants, who were defendants in the action, for an Order in Council staying proceedings in execu tion of a decree of the High Court dated March 13, 1905, pending the disposal of their appeal, subject to fitting terms and conditions. The petition stated that the said decree directed a sale of certain hypothecated properties in default of payment of a sum of money ascertained to be due to the respondent under the hypothecation bond in suit, and that an appeal therefrom had been admitted by the High Court. It then alleged an order on February 23, 1906, made on their application to stay execution pending the appeal, to the effect that execution be stayed for three months, so as to give the petitioners an opportunity to apply to the Privy Council in that behalf. De Gruyther, for the petitioners. Kenworthy Brown, for the respondent. The judgment of their Lordships was delivered by Law. Rep. 33 Ind. App. 132 ( 1905- 1906) Vasudeva Modeliar V. Shadagopa Modeliar 54 LORD MACNAGHTEN. Their Lordships desire to repeat what has been often stated by this Board before, namely, that applications of this sort ought always to be made, in the first instance at any rate, to the Court in India, which has ample power to deal with the matter according to the circumstances of the particular case, and has knowledge of details which this Board cannot possess on an interlocutory application. In the present case their Lordships know no more than what is brought before them by affidavits not altogether satisfactory. There is, however, an indication in the judgment of the High Court shewing that in their opinion an extension of the stay of proceedings ought to be granted. Acting upon that suggestion their Lordships will humbly advise His Majesty to grant a stay of proceedings on the appellants giving an undertaking by their counsel to lodge the petition of appeal and their case within a fortnight from the time the record arrives in England, and also at the same time to give the respondent leave to a|3ply to the High Court at Madras either for the appointment of a receiver, or for payment of a reasonable amount into Court, or any other relief which he may be advised to apply for. The appellants must pay the costs of this application in any event.