M/L- 835 06/08/2026 Ct. No.- 6 Aritra C.O. 617 of 2026 Liyakat Ali Khan @ Liyakat Khan & Ors. Vs. Abdul Barik Sk. & Ors. Mr. Amal Kumar Saha ….for the petitioners This application under Article 227 of the Constitution of India is at the instance of the judgment-debtor and is directed against the order being no.115 dated July 28, 2025 passed by the learned Civil Judge (Jr. Div.) Kalna in Misc. Case No.21 of 2015 and the order being no.114 dated July 28, 2025 passed by the learned Civil Judge (Jr. Div.) Kalna in Misc. Case No.66 of 2016. By the order being no.114 dated July 28, 2025 the miscellaneous case under Order IX Rule 9 of the Code of Civil Procedure was allowed and the order of dismissal was set aside and the Misc. Case No.18 of 2013 was restored to its file and number. Mr. Saha, learned advocate appearing for the petitioners submits that the learned Judge of the Executing Court without considering the fact that no sufficient cause was made out for restoration of the miscellaneous case allowed the said miscellaneous case. The opposite party no. 1 herein adduced evidence in the Misc. Case and several medical documents were produced and marked as Exhibit in support of his illness. The learned Judge after considering those exhibited documents held that the opposite party could not take 2 steps in the Misc. Case no. 18 of 2013 on medical ground which was beyond their control. The learned Judge of the Executing Court after considering the materials on record including the exhibited documents was right in exercising its discretion to restore the Misc. Case No.18 of 2013. For such reason, this Court is not inclined to interfere with the order dated July 28, 2025. By the order being no.115 dated July 28, 2025 the application under Section 47 of the Code of Civil Procedure which was registered as Misc. Case No.21 of 2015 was rejected. The ground taken in the application under Section 47 is that the suit was decreed without giving the petitioner an opportunity of hearing though they are the absolute owners and possessors of the suit property. The ground taken in the application do not fall within the scope and ambit of Section 47 of the Code of Civil Procedure. The learned Executing Court was right in rejecting the said application by order being no.115 dated July 28, 2025. This Court does not find any reason to interfere with the impugned order. CO 617 of 2026 accordingly stands disposed of. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)