- (1.) Leave granted.
(2.) 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.
(3.) 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. Thereafter respondent no. 2 filed a Special Leave Petition no. 7022 of 2001 before this Court and obtained an ex-parte stay only on the ground for extension of time to vacate. Later, upon the statement made that possession of the flat was handed over, the SLP was dismissed by this Court as withdrawn. Though the possession was handed over on 17.7.2001 to the Appellant, the amount of compensation was not paid. Thereafter, an application under Order 21 Rules 41 and 42 of the Code of Civil Procedure was filed by the Appellant restraining respondent no. 1 from transferring the flat No. 408, Saidham Co-operative Society Sodawala Lane, Borivli (West), Mumbai to respondent no. 2. However, in order to defeat and frustrate the decree with respect to the compensation, respondent no. 1 transferred the flat in question to respondent no.2 by an unregistered agreement deed dated 26.6.2001 which is neither properly stamped nor duly registered. It was submitted that the Memorandum of Understanding dated 11.6.1995 and agreement dated 26.6.2001 are sham and had been set up after passing of the order for possession and compensation by the respondents to defeat the execution of the order.;