Bhaskar Bhattacharya, J. - (1.) This revisional application under Section 115 of the Civil Procedure Code is at the instance of decree holders and is directed against order dated June 1, 1999 passed by the learned Additional District Judge, 6th Court, Alipore in Misc. Appeal No. 84 of 1999 thereby affirming Order No. 62 dated February 2, 1999 passed by the learned Civil Judge, Senior Division, 1st Court, Alipore in Title Execution Case No. 5 of 1992.
(2.) The predecessor-in-interest of the present petitioners filed a suit in the Court of Subordinate Judge, 5th Court, Alipore for recovery of Rs. 79,920/- including interest on such amount on declaration that the property described in Schedule 'A' to the plaint would be subject to a charge in favour of the plaintiff for recovery of the decreetal dues. In the said suit a decree under Order 34 Rule 4 of the Civil Procedure Code in Form No. 5-A of Appendix-D of the first schedule of the Civil Procedure Code was also prayed. The said suit was decreed by the learned Trial Judge on contested hearing in preliminary form with cost thereby granting a decree of Rs. 79,920/- against the original defendant. It was further declared that the decreetal amount will form a charge on the suit property for the satisfaction of the decreetal amount with costs. The original defendant was thereby directed to pay the whole decreetal amount with cost within six months from the date of passing of such preliminary decree and in default, it was declared that the original plaintiff would be at liberty to realise decreetal amount by putting the charged properties on sale and thereafter a final decree will be passed.
(3.) There is no dispute that the appeal preferred against such decree ended in dismissal and thus the decree had attained finality.;