Bibek Chaudhuri, J. - (1.) Decree holder/petitioner in Title Execution No.6 of 2013 has challenged the legality, validity and propriety of order No.20 dated 17.8.2016 passed by the learned Civil Judge (Senior Division), 1st court at Contai in the aforesaid title execution case.
(2.) For proper and better appreciation of the matter in issue, the following facts, in my opinion, are required to be recorded:-
(3.) The petitioner as plaintiff filed a suit for partition against the defendants/opposite parties in the 1st Court of the learned Civil Judge (Senior Division), Contai. The said suit was registered as Title Suit No.109 of 1995. The said suit was decreed ex parte in preliminary form by a judgment and decree dated 7th January, 1998 declaring 1/4th share of the petitioner in the suit property. Subsequently, on the basis of the preliminary decree dated 7th January, 1998, final decree was drawn up by the learned court below on 31st May, 2013. The said final decree was put in execution. The said execution case was registered as Title Execution case No.6 of 2013. Commissioner was appointed for effecting partition by metes and bounds and on 29th June, 2016 the decree was executed. The commissioner submitted his execution report on 18th July, 2016. Thus, for all practical purposes, the said execution case was disposed of on full satisfaction and the petitioner got possession of his well demarcated share as per the commissioner's and court bailiff's report.;