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C.O. No. 3904 of 2013 s.d. Mr. Probal Kumar Mukherjee, Mr. Ayan Banerjee.

... for the petitioner.

Mr. Swapan Kumar Mallick, Mr. L. Haque.

... for the opposite party.

Heard the learned Advocates of both the sides. This application is at the instance of the judgment debtor and is filed against the Order No.107 dated September 17, 2013 passed by the learned Judge, Presidency Small Causes Court, 6th Bench, Calcutta in Ejectment Execution Case No.83 of 2008 arising out of Ejectment Suit No.470 of 1988.

The plaintiff/decree-holder/opposite party herein instituted the aforesaid ejectment suit against the defendant/judgment debtor/petitioner herein for recovery of possession in respect of the suit premises as described in the schedule to the plaint on the ground of building and re-building before the learned Trial Judge and the said suit was decreed. The said decree reached its finality and execution case being Ejectment Execution Case No.83 of 2008 has been filed.