SHIVAKANT PRASAD,J. - (1.) The petitioners have challenged the order no.46 dated 29th September, 2015 passed in Title Appeal No.207 of 2008 arising out of Title Suit No.20 of 2000 by fixing the hearing of the appeal accepting the deposit which was deposited beyond the stipulated time fixed by the Hon'ble High Court.
(2.) The petitioners as plaintiffs being the absolute owner of the suit premises had instituted a suit for eviction of the defendants/opposite parties being T.S. No.20 of 2000. The said suit was decreed ex parte. When the petitioners put the decree into execution in Execution Case No.43 of 2001, the opposite parties herein filed a Misc. Case No.39 of 2001 under Order 9, Rule 13 CPC praying for setting aside ex parte decree passed in T.S. No.20 of 2000. The said misc. case was dismissed on contest on 7th January, 2006.
(3.) The opposite parties preferred Misc. Appeal No.29 of 2006 before the learned District Judge, Howrah against the order of dismissal of the misc. case on 27th January, 2008. Against the said order passed in misc. case by the appellate court below, the opposite parties thereafter preferred revisional application before this Hon'ble Court being C.O. No.2156 of 2008, but, the same was also dismissed on 28th September, 2008. Thereafter, the defendants/opposite parties filed an application for setting aside the said decree passed in T.S. No.20 of 2000.But the defendants/opposite parties again filed a Title Appeal being No.207 of 2008 on 26th November, 2008 against the judgment and decree dated 6th June, 2001 and the appeal was filed after more than seven years.;