JUDGMENT

Bibek Chaudhuri, J. - The instant miscellaneous appeal filed by the decree holder of Title Suit No. 59 of 1987 is directed against the judgment and order dated 26th August, 2016 passed by the learned Additional District Judge, 5th Court at Alipore in Miscellaneous Appeal No.4 of 2014 reversing the order dated 19th December, 2013 passed by the learned Civil Judge (Senior Division), 1st Court at Alipore in Miscellaneous Case No.21 of 2012.

2. It is pertinent to mention at the outset that the learned Civil Judge (Senior Division) passed the order dated 19th December, 2013 in a proceeding under Order 21 Rule 99 and 101 read with Section 151 of the Code of Civil Procedure (hereafter described as CPC for short). The learned Civil Judge (Senior Division) in Misc Case No.21 of 2012 rejected an application under Order 21 Rule 99 and 101 read with Section 151 of the CPC and dismissed Misc Case No.21 of 2012. As a consequence thereof it is directed by the executing court that execution case filed by the decree holder which was registered as Title Execution Case No.4 of 2004 shall proceed in accordance with law.

3. The learned Judge in the First Court of Appeal reversed the said judgment