JUDGMENT :

Heard the learned counsel for the petitioners and the respondent nos.1. None appears on behalf of the other respondents on call.

2. This is an application under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure challenging the order dated 07.11.2016 passed by the learned Civil Judge, Hailakandi in Misc. Case No.3/2015 arising out of Title Execution Case No.7/2013 whereby the learned Executing Court dismissed the petition filed by the petitioners under Order XXI Rule 98, 99, 100 and 101 of the Code of Civil Procedure read with Section 47 and 151 of the said Code vide the order impugned in the instant proceedings.

3. Upon perusal of the impugned order dated 07.11.2016 and taking into consideration that the instant proceedings has come up for admission, having heard the learned counsel present before me, I am of the opinion that the instant proceedings can be disposed of at this stage.

4. The impugned order emanates from an application filed by the petitioners under Order XXI Rule 98, 99, 100 and 101 read with Section 47 and 151 of the Code of Civil Procedure, 1908 whereby the basic claim of the petitioners was adjudication of their r