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1996 Supreme(Bom) 528

V.H.BHAIRAVIA
Abdulhussein Noorooddin Kagajwalla and another – Appellant
Versus
Maharashtra Industries and another – Respondent


JUDGMENT - V.H. BHAIRAVIA, J.:---This appeal is directed against the judgment and order dated 29-8-1990 passed by the City Civil Court, Bombay in Chamber Summons No. 1207 of 1989 in S.C. Suit No. 6948 of 1973, whereby the Chamber Summons was made absolute.

2.The execution proceedings taken out by the decree holder i.e. the respondents herein against the appellants who have obstructed the execution of the ex-parte decree. A Suit being S.C. Suit No. 6948 of 1973 was filed in the City Civil Court, Bombay against M/s. Gipar Packaging Industries for recovery of the suit premises situated at 1st floor, Kalina Casttle, 175, C.ST. Road, Kalina, Bombay - 29 and for recovery of arrears of compensation and mesne profit etc. The said suit came to be decided ex-parte on 7-1-1988. Under the decree, the defendants-Judgment debtor M/s. Gipar Packaging Industries were directed to hand over the possession of the suit premises to the plaintiffs by 29th February, 1988. Further, the defendants judgment debtor were directed to pay mesne profit to the plaintiffs at the rate of Rs. 1,050/- p.m. It reveals that in pursuance to the said decree, the decree holder-plaintiff moved for issuance of the writ of po











































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