JUDGMENT

Ajoy Kumar Mukherjee, J. - Subject matter of challenge in the present application is order dated 5th July, 2018 passed by the learned Civil Judge (Senior Division) 1st Court at Alipore in Title Suit No. 53 of 2001. Petitioner contended that petitioner was the defendant No.1 in the suit for eviction filed by the opposite party no. 1 against present petitioner and opposite party no. 2 and 3. The opposite party no. 2 and 3 have been impleaded in present proceeding by the petitioner without seeking any relief against them. Said opposite party no. 1 filed a suit for eviction mesne profit and other relief against the present petitioner and opposite party no. 2 and 3 in the aforesaid suit. The opposite parties/ defendant contested the suit by filing written statement. Said suit was decreed vide judgment and decree dated 31st July 2008 and court below granted inter alia, the decree for recovery of possession of suit property from the petitioner and opposite party no. 2 and 3 and further the court below also granted decree of mesne profit against defendants from February 1994 till recovery of possession at the rate to be assessed and or calculated in a separate proceeding under Orde