JUDGMENT -DAGA V.C., J.:---Heard finally by consent of parties at the stage of admission.

Perused record and documents.

Introduction:

2.The source of this appeal is the order dated 27th November, 2001 passed by the Bombay City Civil Court at Mumbai, dismissing the Notice of Motion moved by the appellant/original plaintiff seeking to restrain the respondents/original defendants by an order of injunction from interfering with the alleged lawful possession of the plaintiff over the suit flat i.e. Flat No. 401, located on the fourth floor of Building No. 5, Neelan Nagar, Mulund (E), Mumbai 400 081 (hereinafter referred to as the "suit flat").

Facts:

3.The facts leading to the present appeal, in nut shell, are as under:

The parties are referred to in their original capacity as they were before the City Civil Court. The defendant No. 3 is the owner of the suit flat. He had mortgaged this flat with defendant No. 2 i.e. Bharat Co-operative Bank (Mumbai) Ltd. ("the bank" for short) by executing necessary loan documents including equitable mortgage dated 6th September, 1995. He failed to repay the amount of loan borrowed from the bank. Consequently, the bank filed suit in a co-operative Court and

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