- (1.) This revisional application is directed against the order dated 29.06.2005 passed by the Additional District Judge, Alipur in Civil Revision Case No. 247 of 2003 affirming the order dated 2.9.2003 passed by the Civil Jude (Junior Division), 2nd Court, Diamond Harbour in Title Execution Case No. 5 of 1998 by which an application under section 47 of the Code of Civil Procedure is rejected.
(2.) The opposite party instituted a Title Suit no. 120 of 1992 against the petitioner praying for a decree of removal of the pole affixed on the land owned by the opposite party. The said suit was decreed ex parte on 5.8.1994 by directing the petitioner to remove the said electric poll placed on the land owned by the opposite party.
(3.) The said decree was thereafter put into execution being Title Execution Case No. 5 of 1998.;