SUBHRA SINHA ROY Vs. IMAN KALYAN DEY

JUDGEMENT

(1.) The present application is filed for the review of the judgment dated 27.07.2007 passed in F.A. No. 10 of 2005 dismissing the appeal preferred by the Plaintiff/Appellant against the judgment and decree of dismissal dated 15.06.2004 passed in Title Suit No. 2044 of 1997 by the learned Judge, 10th Court City Civil Court, Calcutta.

(2.) In the Court below the Plaintiff instituted Title Suit No. 2044 of 1997 praying for a decree for mandatory injunction directing the Defendant/opposite party to remove and/or dismantle the staircase on the common passage at the cost of the Defendant as per the terms of settlement in a compromise decree passed by this Hon'ble Court in a Partition Suit No. 646 of 1960.

(3.) One Sephali Patra filed the above suit against one Lilabati Dashi for partition of premises No. 63, Shyambazar Street, formerly known as No. 111/1 Shyambazar Street, in the Original Side of this Hon'ble Court. The said Lilabati Dashi was substituted by her descendants Kartick Chandra Pal and Harinarayan Dey. The said suit ended in a compromise decree on 01.10.1962 in terms of which Sephali Patra got the back portion of the said premises together with the right of way in the passage of the front portion which leads from Shyambazar Street to the said back portion which was identified under Lot 'B' of the plan annexed to the said decree. On the other hand Kartick Chandra Pal and Harinarayan Dey jointly got the front portion of the said premises identified under Lot 'A' of the said plan under certain conditions. Some of the clauses of such compromise decree are quoted below for the purpose of better appreciation of the judgment under review.