GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO. 4303 OF 200 WRIT PETITION NO. 4303 OF 200 WRIT PETITION NO. 4303 OF 2005 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- None for the petitioner CORAM : F.I. REBELLO,J. CORAM : F.I. REBELLO,J. CORAM : F.I. REBELLO,J. DATED : 18th October,2005 DATED : 18th October,2005 DATED : 18th October,2005 P.C. P.C. P.C. . None present for the petitioner when the matter is called out. The respondent No.1 has obtained a recovery certificate against the petitioner. In execution property of the petitioner has been attached. The grievance of the petitioner is that the properties which have been developed and which were not owned by him or mortgaged were also attached.. If that be the case the persons who have a right in the property can always file objection. Apart from that, if the property belongs to the petitioner in recovery if there be no other properties it is always open to the executing Court to attach the properties and sell them for satisfaction of the recovery certificate. It will also be open to the petitioner considering the Act and the Rules to object to the sale if in law so entitled to and those objections will be dealt with independently according to law. With the above observation, petition stands disposed of. There shall be no order as to costs. (F.I. REBELLO J). (F.I. REBELLO J). (F.I. REBELLO J).