(1.) This application is at the instance of the plaintiff and is directed against the Order dated July 29, 2009 passed by the learned Additional District & Sessions Judge, 5 th Fast Track Court, Alipore in Misc. Appeal No.170 of 2006 thereby affirming the order dated March 23, 2006 passed by the learned Civil Judge (Junior Division), 1 st Court, Alipore in Title Suit No.91 of 2006.
(2.) The facts necessary for the purpose of disposal of this application are etymologized below:-
(3.) Now, the question is whether the impugned order should be sustained.