JUDGEMENT :- This is an appeal against an order of the Bombay City Civil Court granting a temporary injunction in a suit filed under O.XXI, R.103 of the Civil P.C. 1908.

2. The material facts which have given rise to this Appeal are that the Second Respondent filed a suit in the Bombay City Civil Court against the Third Respondent, being Suit No. 8639 of 1969, to recover a sum of Rs. 20,041 with further interest on the principal sum of Rs. 20,041. It appears that in respect of some other dealings between these two Respondents the Second Respondent had filed a prosecution against the Third Respondent in which the Third Respondent was convicted and sentenced to imprisonment. The said suit No. 8639 of 1969 was decreed ex parte on March 31, 1970. The Second Respondent thereafter took out execution proceedings, and in the said execution proceedings a warrant of attachment was issued under O.XXI, R.54 of the Civil P.C. attaching the right, title and interest of the Third Respondent in a flat, namely, Flat No. 9, on the first floor of a building situate at 41-A, Podar Road, Santa Cruz (West), Bombay-54, belonging to Paresh Co-operative Housing Society Limited. The right, title and interest

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