- (1.) The petitioners' application under Order Rules 98 to 101 of the Code of Civil Procedure was rejected by the learned Executing Court on contest.
(2.) The petitioners were aggrieved by the said order. Hence the petitioners preferred an appeal being Misc. Case No. 9 of 2010 before the learned Additional District Judge at Sealdah. THE learned Appeal Court refused to admit the said appeal by holding, inter alia that no appeal lies against such an order under Order 43 of the Code of Civil Procedure. Accordingly, the petitioners' said appeal was not admitted for hearing by the learned Appeal Court. The petitioners are aggrieved by the said order. Hence, they have come before this Court with this application under Article 227 of the Constitution of India. Let me now consider as to how far the learned Appeal Court was justified in passing the impugned order in the facts of the instant case.
(3.) Heard the learned Advocate of the parties. Considered the materials on record including the order impugned. For ascertaining as to whether an order rejecting the petitioners' application under Order 21 Rules 98 to 101 of the Code of Civil Procedure is appealable or not, this Court is required to consider the entire scheme laid down in different provisions of Order 21 of Civil Procedure Code starting from Order 21 Rule 97 to Order 21 Rule 106 of the Code of Civil Procedure Order 23 Rule 97 of the Code of Civil Procedure contemplates that where the holder of a decree for possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person obtaining possession of the property, he may make an application to the Court complaining of such resistance or obstruction.;