This application under Article 227 of the Constitution of India is directed against an order being No. 59 dated 24th February, 2010 passed by the Learned Civil Judge, Junior Division, Second Court at Alipore, in Misc. Case No. 1091 of 2008 by which the petitioner’s objection under Section 47 of the Civil Procedure Code challenging the executability of a compromise decree was rejected by the Learned Executing Court. The judgment-debtor/petitioner is thus aggrieved by the said order. Hence she has come before this Court with this application under Article 227 of the Constitution of India.

Heard Mr. Ray Chowdhury, Learned Senior Counsel, appearing for the petitioner and Mr. Chatterjee, learned Advocate, appearing for the opposite party. Considered the materials on record including the order impugned. Let me now consider as to how far the Learned Executing Court was justified in passing the impugned order in the facts of the instant case. Admittedly, the decree-holder/opposite party was a lessee in respect of the entire ground floor comprised of two flats each containing two bedrooms, one kitchen and three privies adding a total area measuring about 1913 square feet more or l