JUDGMENT :

TAPABRATA CHAKRABORTY, J.

1. The present appeal has been preferred challenging the judgment and decree dated 27th January, 2020 passed by the learned Additional District Judge, 4th Court, Alipore in Miscellaneous Appeal No. 178 of 2019.

2. Shorn of unnecessary details, the facts are as follows:

(a) A partnership firm, namely, M/s Naba Punjabi Stores and its partners, namely, Niyati Ghosh (hereinafter referred to as Niyati) and the Mukti Ghosh (hereinafter referred to Mukti) preferred a suit for dissolution of partnership and for accounts being Title Suit No. 1344 of 2010 against another partner, namely, Sujit Banik (hereinafter referred to as Sujit).

(b) The said suit was decreed in preliminary form by judgment and decree dated 16th May, 2013. Aggrieved thereby, Sujit preferred a title appeal being T.A. No. 153 of 2013. During pendency of the said appeal, the plaintiffs put the decree into execution by filing a title execution case being T. Ex. No 17 2013. On the basis of an order passed in the same on 26th February 2015, Sujit was dispossessed from the suit property on 27th February 2015.

(c) Thereafter, Sujit filed an application under Section 144 of the Code of Civil Proced