ASIM KUMAR MONDAL, J. - (1.) THIS is an application under Article 227 of the Constitution of India. The petitioner is defendant in an ejectment suit being No.l637 of 2000 filed by the opposite parties which is pending before Ld. Judge, 3rd Bench, Small Causes Court, Calcutta.
(2.) THE suit was degreed. The petitioner preferred appeal before the Ld. Judge, 3rd Bench, City Civil Court which was registered as T.A. No.69 of 2004. Ld. Appellate Court affirmed the judgment and decree of Ld. Trial Court dated 22nd December, 2008. Petitioner preferred second appeal being No. S.A.T 42 of 2009 before this High Court. Opposite Party/ decree holder put the decree in execution before executing Court being Number ejectment execution case No.100/2009 and the same is pending before the Judge 3rd Bench, Small Causes Court, Calcutta. On the date of delivery of possession, seal bailiff found that schedule of the original decree is not maching with the reality and accordingly possession could not be delivered.
(3.) THE decree holder filed an amendment petition before the Ld. Executing Court praying for amendment of original plaint, rectifying the description of suit property in the schedule of the plaint.;