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Kusum Harilal Soni Vs. Chandrika Nandlal Mehta [12/04/16]

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[Civil Appeal No. 3785 of 2016 arising out of SLP (Civil) No. 25784 of 2013]. The appellant has questioned the order passed by the High Court of Judicature at Bombay in relation to Chamber Summons No. 1249 of 2009 arising out of Execution Application No. 318 of 2005 thereby setting aside the attachment of Flat No. 408, Saidham Co-operative Society Sodawala Lane, Borivli (West), Mumbai. The appellant had filed a suit for eviction with respect to Flat No. F-201, Building No.4, Prem Nagar, Mandpesbwar Road, Borivali (West), Mumbai against respondent no. 1 as license had expired on 1.11.1994. Thereafter the premises were not vacated, nor the compensation was paid. The competent authority passed an order directing the respondent no. 1 to handover vacant possession to the appellant along with compensation of Rs.8,000/- per month with effect from 1.11.1994 till the date of handing over the possession. Against the order of the competent authority, Respondent no. 1 filed CRA no. 678 of 2001 before the High Court which was dismissed.

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