- (1.) This revisional application is directed against an order dated March 22, 2016 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore, in Miscellaneous Case No. 176 of 2015, by which an application under Section 151 of the Code of Civil Procedure is rejected.
(2.) The decree-holder/opposite party no. 1 says that the Executing Court has not committed any error in rejecting the said application after being apprised of the facts involved therein. According to the opposite party no. 1 an agreement was entered into by and between decreeholder and the predecessor-in-interest of the present opposite party nos. 2 and 3, who agreed to sale, transfer and alienate the suit premises at valuable consideration. Since the said predecessor-in-interest failed and neglected to perform his obligation under the said agreement, a suit for specific performance of an agreement, being Title Suit No. 25 of 1997 was filed before the learned Civil Judge (Senior Division), 9th Court, Alipore.
(3.) In transpired in course of the suit that the said predecessor-in-interest sold, transferred and conveyed the suit property to a third party, who is also impleaded as one of the defendants therein. It is alleged that the subsequent purchasers are in the habit of divesting their right, title and interest in favour of the third party and by the time the suit has reached the stage of trial, the suit premises passed hands on four or five times. Ultimately the suit was decreed by the Trial Court and I am told that a First Appeal was filed before this Court and the impugned judgement and decree was not interfered with. The order dismissing the First Appeal was further challenged before the Supreme Court in a Special Leave Petition and the Supreme Court declined to interfere with the said order.;