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The order under challenge in the present application is Order No. 29 dated 15th February, 2019 passed by the learned Judge, Vth Bench, Small Causes Court, Calcutta in Ejectment Execution Case No. 170 of 2015. By the impugned order learned Executing Court below rejected the petitioner's prayer for restoration of possession made under Section 151 of the Code of Civil Procedure.

Being aggrieved and dissatisfied with the said judgment and decree dated 29th September, 2015 the petitioner herein / defendant preferred appeal before the learned Chief Judge, City Civil Court, Calcutta, being Title Appeal No. 44 of 2015 and the said appeal was disposed of by the Appellate Court in favour of the opposite parties/plaintiffs on 15th December, 2016. Opposite parties/plaintiffs filed Ejectment Execution Case, being aforesaid Ej. Ex. No. 170 of 2015 for delivery of possession in terms of the decree.