PRASENJIT MANDAL, J.

1. THIS application is at the instance of a third party and is directed against the Order dated August 6, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Alipore in Misc. Case No.73 of 2008 arising out of Title Execution Case No.24 of 2004.

2. THE said misc. case was filed under Order 21 Rules 97, 98, 99, 100, 101 and 103 of the C.P.C. after disposal of the Title Execution Case No.24 of 2004 and that application was converted into the Misc. Case No.73 of 2008. The petitioners also filed an application under Section 5 of the Limitation Act for condonation of delay in filing the said misc. case. The decree-holder instituted the aforesaid execution proceeding for taking possession of a premises according to the award passed by the learned Arbitrator in Dispute Case No.10/RCS of 1994-95. The petitioners have contended that they were not aware of any arbitration proceeding or the institution of the execution proceeding. He is an N.R.I. and as such, he had knowledge of such matters and he had been dispossessed from the Garage No.4 without his knowledge. So, he filed the said application for getting possession of the said garage and other