SABYASACHI BHATTACHARYYA,J. - (1.) The present revisional application is the story of a class struggle between an application under Order 21 Rules 97 to 101 of the Code of Civil Procedure and a regular civil suit.
(2.) The decree holder/petitioner and proforma opposite party nos. 3 to 9 instituted a suit against the predecessor-in interest of proforma opposite party nos. 10 to 12, bearing Ejectment Suit No. 58 of 2007, which was decreed in favour of the petitioner, upon which the petitioner levied execution, thereby giving rise to Title Execution Case No. 47 of 2008.
(3.) The present opposite party nos. 1 and 2 filed in the said execution case an application under Order 21 Rules 97 to 101 of the Code of Civil Procedure, which was registered as Miscellaneous Case No. 773 of 2010, thereby claiming independent ownership rights in respect of the suit property.;