LABONI MUKHERJEE Vs. NIRMAL KANTI GUHA

JUDGEMENT

(1.) Challenge is to the order dated January 31, 2011 passed by the learned Judge, Small Causes Court, 4th Bench, Calcutta in S.C.C./O.S. No. 151 of 1998.

(2.) The petitioners are the judgment debtors in an execution proceeding for recovery of possession and other reliefs arising out of the S.C.C./O.S. No. 151 of 1998. While the bailiff went to execute a writ of delivery of possession, the petitioners resisted and as such, the decree could not be executed. The contention of the petitioners is that the description of the suit premises was not proper. Then, they filed an application under Sec. 47 of the Code of Civil Procedure and that application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the short question involved is whether the impugned order should be sustained.