Syamal Kanti Chakrabarti, J.

1. THE present application is filed for the review of the judgement dated 27.07.2007 passed in F. A. No. 10 of 2005 dismissing the appeal preferred by the plaintiff/ appellant against the judgement 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 Honourable Court in a Partition Suit No. 646 of 1960.

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 Honourable 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 togeth