PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of a third party / appellant and is directed against the Order dated September 24, 2012 passed by the learned Judge, City Civil Court, 4th Bench, Calcutta in Misc. Appeal No.1 of 2009 arising out of the Order dated November 28, 2008 passed by the learned Judge, Presidency Small Causes Court, 6th Bench, Calcutta in Misc. Case No.140 of 2006 arising out of an Ejectment Execution Case No.122 of 2003. The appellant / petitioner herein filed an application under Order 21 Rule 101 of the C.P.C. praying for declaration of his independent right, title and interest in the suit property and also for declaration that the decree passed in the original eviction suit being Ejectment Suit No.894 of 1983 is not binding upon him.
(2.) THE decree-holders / opposite parties herein instituted the aforesaid title suit for ejectment and recovery of possession in respect of the premises in suit against the judgment debtors / opposite parties herein and the said suit was decreed on contests against the judgment debtors / opposite parties herein. Thereafter, the judgment debtors preferred a first appeal before the Hon 'ble High Court, Calcutta but the said appeal was dismissed for default. Thereafter, the decree-holders / opposite parties herein instituted the aforesaid execution case against the judgment debtors for recovery of possession. In that execution proceeding, the appellant / petitioner herein filed an application under Order 21 Rule 101 of the C.P.C. which was converted into Misc. Case No.140 of 2006. The said misc. case was dismissed on contests without costs by the Executing Court.
(3.) BEING aggrieved by such order of dismissal of the misc. case, the appellant / petitioner herein preferred an appeal being Misc. Appeal No.1 of 2009 which was also dismissed on contests with costs. Being aggrieved by such order, this application under Article 227 of the Constitution of India has been preferred by the appellant / petitioner herein.;