Chittatosh Mookerjee, J. - (1.) The Petitioners who are judgment-debtors in Ejectment Execution Case No. 333 of 1972 have obtained this Rule against an order of the learned Chief Judge, City Civil Court at Calcutta, vacating an order of the learned Registrar of the said Court that the said Ejectment Execution Case be disposed of on full satisfaction. The learned Chief Judge by the same order ordered that a fresh writ of delivery of possession be issued in favour of the decree-holder (the opposite party in the Rule.)
(2.) Nitai Chand Dey, the opposite party in this Rule, had instituted Ejectment Suit No. 1055 of 1967 against the present Petitioners in the City Civil Court at Calcutta for eviction from No. 3 Baitakkhana 2nd. Lane. The learned Judge, Second Bench, City Civil Court, decreed the said suit in favour of Netai Chand Dey. This Court had dismissed the appeal from original decree No. 1179 of 1960 preferred by the present Petitioners.
(3.) Thereafter the opposite party had filed Ejectment Execution Case No. 333 of 1972 for execution of the aforesaid decree for possession obtained by him against the Petitioners. The learned Registrar, City Civil Court, by order No. 2 dated July 19, 1972, directed issue of writ of possession under Order 21, Rule 35 of the Code of Civil Procedure fixing August 11, 1972, for return. On August 11, 1972, the learned Registrar passed the following order: "Writ of possession returned after execution as per bailiff's Respondent dated 27.7.1972. Possession delivered on 27.7.1972. ORDERed that the execution case be disposed of on full satisfaction." A copy of the writ together with the return of a process server of the executing Court has been made annex. 'A' to the petition. According to the said return, on July 27, 1972, at about 12-30 p.m. the said process server had delivered khas peaceful and vacant possession of the suit premises as per schedule to the decree-holder who furnished a receipt after obtaining possession.;