( 1 ) THIS is an appeal against an order of Mitter, J. , dated 9th March, 1959. The application was for the execution of a consent decree dated 14th December, 1955 made in Suit No. 183 of 1955 (Humayun Properties Ltd. V. Ferrazzinis (Private) Ltd. ). The learned Judge has held that there will be "no order" on the application and that the parties should bear their own costs. The facts are shortly as follows: The plaintiff in the suit, Humayun Properties Ltd. , a company incorporated under the Indian Companies Act, is the owner of premises No. 20, Lindsay Street in Calcutta known as "humayun Court". A portion of the said premises was demised to the defendant, Ferrazzinis Limited, now ferrazzinis (Private) Limited. The said suit No. 133 of 1955 was instituted in this Court by the plaintiff against the defendant for possession of the said premises, arrears of rent and mesne profits. An application was taken out In the suit for final judgment under the provisions of Chapter XIIIA of the rules of the Original Side of this Court. At the hearing of the said application, the parties settled the suit and a decree was passed by consent on 14-12-1955. The relevant terms are as follo