P. Mandal, J. - (1.) This application is at the instance of the Defendants / judgment debtors and is directed against the order No. 15 dated July 27, 2010 passed by the learned Civil Judge (Junior Division), First Court, Bolpur in Misc. Case No. 22 of 2009 arising out of Title Execution Case No. 2 of 2007 arising out of Title Suit No. 75 of 2000.
(2.) The short fact necessary for the purpose of disposal of the application is that the Plaintiff/opposite party herein instituted a title suit being Title Suit No. 75 of 2000 against the Petitioners for declaration of right, title and interest in the "Kha" schedule property and also for recovery of khas possession of the "Kha" schedule property and for other reliefs. While the opposite party put the decree obtained in the said suit for execution, the Petitioners filed an application under Sec. 47 of the Code of Civil Procedure contending, inter alia, that the report submitted by the learned commissioner appointed in the suit does not tally with the suit property and as such, the same is erroneous and for that reason the suit property could not be identified. As such, the decree passed by the learned Trial Judge is unexecutable. The Petitioners adduced evidence. Thereafter, the learned executing Court rejected the application under Sec. 47 of the Code of Civil Procedure. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;