ASIM KUMAR MONDAL, J. - (1.) THIS is an application under Article 215 of the Constitution of India read with the Contempt of Court's Act, 1971.
(2.) THE petitioner instituted a suit for declaration of title, recovery of possession and for damages before the learned Civil Judge at Alipore. The contemnor contested the said suit before the learned trial court. Learned trial judge decreed the suit directing the defendant No. 1/appellant/contemnor and proforma respondents to deliver vacant and khas possession of the suit premises in favour of the petitioner.
(3.) THE defendant no. 1/appellant/contemnor preferred an appeal against the said judgement and decree before this Court, which is still pending. The decree -holder/petitioner had put the said judgement and decree dated February 25, 2009 into execution. It was registered as Title Execution Case No. 4 of 2009 and pending before learned Third Civil Judge at Alipore. Writ of possession was issued accordingly in course of execution of the writ of possession. The defendant No. 2 and 3/proforma respondents vacated the second and first floor respectively by delivery of possession. But, contemnor and his men, agent and persons forcibly and illegally reoccupied the said floors of the suit premises.;