Bhaskar Bhattacharya, J. - (1.) This revisional application is at the instance of judgment debtors in a proceeding for execution of a final decree for partition and is directed against Order No. 124 dated August 31, 2000 passed by the learned Civil Judge, Senior Division, Burdwan in Miscellaneous Case No. 80 of 1991 arising out of Title Execution Case No. 10 of 1981 thereby rejecting an application under section 47 of the Code of Civil Procedure .
(2.) A suit for partition filed by the opposite party No. 1 was decreed in preliminary form thereby declaring his 8 annas share in the suit properties. In the final decree proceeding, the Commissioner for partition suggested that the defendants would pay a sum of Rs. 6,000/- to the opposite party No. 1 as owelty money within six months from the date of acceptance of the report failing which the portion allotted to the defendants in Plot No. 7527 should form part of the allotment of the opposite party No. 1 on his payment of the said amount. The said report was accepted by the court and the same formed part of the final decree dated August 21, 1981.
(3.) The opposite party No. 1 put the aforesaid final decree into execution thereby giving rise to the Title Execution Case No. 10 of 1981.;