U.B. Saha, J.

1. The instant application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure is filed for quashing/cancelling and/or setting aside the order dated 11.5.2010 passed in Case No. Ex.(T) 18/2001 arising out of a decree passed in Title Suit No. 10/1979 whereby and where under the Executing Court refused to hear the application dated 5.5.2010 filed by the Petitioner-judgment debtor under Order XXI, Rule 16 even after an application filed on 10.5.2010 for hearing the aforesaid application dated 5.5.2010.

2. Heard Mr. K.N. Bhattacharjee, learned senior counsel assisted by Mr. S. Acharjee, learned Counsel for the Petitioner-judgment debtor as well as Mr. A.M. Lodh, learned senior counsel assisted by Mr. M. Dutta, learned Counsel for the Respondents.

3. As agreed to by the learned Counsel for the parties, the instant revision petition is taken up for disposal at this admission stage.

4. Brief facts need to be discussed for disposal of the instant revision petition are as follows: -

5. The Respondents filed a suit being TS 10/1979 before the learned Civil Judge, (Senior Div.) North Tripura, Dharmanagar for recovery of possessi