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The original Plaintiff, on the Ejectment Suit No. 348 of 1991 being decreed, drawn up execution proceeding numbered as Ejectment Execution Case No. 44 of 1994. In that proceeding the Defendant no. 2, being one of the legal heirs of the said T. R. Desai filed an application under Order XXI Rule 97/100/101/103 of the Code of Civil Procedure, 1908 which was numbered as Miscellaneous Case No. 1104 of 1994 (Samir Desai vs. Buddhadeb Bose & Ors.). Another application filed for stay of the Page |3 execution petition was rejected. The Defendant no. 2 moved to this Court on being aggrieved by such rejection of stay application. This Court directed the Trial Court to dispose of the proceeding within two months. Thereafter the Miscellaneous Case No. 1104 of 1994 was converted into Title Suit No. 3940 of 1995 by the Trial Court. The Defendant no. 3 & 4 applied to be made a party in that suit but the same was rejected.

Subsequently, the original Plaintiff proceeded with the Ejectment Execution Case No. 44 of 1994 and the Defendant no. 2 preferred appeal against the order of rejection of the Miscellaneous Case No. 1104 of 1994 in this Court. The said appeal was registered as F.M.A.T. 4163 of 1999. In the said appeal, in terms of the order dated 10th/11th April 2000, the Division Bench directed the Defendant no. 2, the Appellant therein, to vacate the premises within six months; directed also to file an undertaking to vacate the premises on behalf of all the family members; to vacate the flat within that time and also to pay occupational charges, till handing over possession, at a rate of Rs.12000/- per month.