1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1654 OF 2008 IN EXECUTION APPLICATION NO.169 OF 2007 IN SUMMARY SUYIT NO.2781 OF 1999 The Ahmedabad Mercantile Co.op. Bank Ltd. ..Plaintiff. Vs. Shri. Bharat Doshi. ..Defendant. None for the Plaintiff. Ms.Deepa Kamath for the Defendant/Applicant. CORAM : R.S. MOHITE, J. DATE : 15th June, 2010 PC : 1 This is a chamber summons taken out by the defendant for lifting attachment in respect of immovable property i.e. Flat . The Warrant of attachment was issued on 29.8.2008 and the same has been raised in Execution Application No.169 of 2007. It is contended that defendant has only ½ share and other ½ share is held by one Jayesh Doshi as guardian of Bharatbhai Doshi. It is contended that Bharatbhai Doshi has now become major. In my view, an order of attachment is merely a safeguard to ensure that the orders can be passed and executed in the execution application. It does not extinguish the share of any co owner of the said properpty. On the sale of the property, it is open 2 for the co owner to claim his share in the sale proceeds. In this view of the matter, I am not inclined to entertain this chamber summons and the same stands dismissed. It is clarified that rights of the co owner, if any, do not stand extinguished merely because of the attachment. Since the co owner has become major he should take steps to protect his interest, if any. (R.S. MOHITE, J.)