JUDGMENT :

BIBHAS RANJAN DE, J.

1. The order dated 19.12.2021 in connection with Misc. Case No. 48/18 is under challenged. Both the learned advocate Mr. Ganesh Shrivastava and Ms. Anyasha Das appeared on behalf of the parties to this application.

2. Specific case of the petitioner is as follows:- petitioners/plaintiffs filed a title suit no. 22 of 2000 before the Learned Civil Judge, Senior Division/Small Causes Court at Sealdah with a prayer for declaration and partition of the Premises no. 1/1, Kundu Lane, Kolkata 700037 against the opposite parties/defendants. Preliminary decree was passed in the suit declaring 2/3rd share in favour of the petitioners/ plaintiffs and 1/3rd in favour of the opposite parties/defendants. Thereafter, Partition Commissioner was appointed for effecting partition by metes and bounds. But when commissioner visited the premises he was restrained by the op/defendants and denied entry into the suit premises. Partition Commissioner filed application for police assistance and at the time of hearing opposite parties/defendants undertook not to restrain Commissioner. Again Commissioner visited the suit property for effecting partition metes and bounds and submitt