1 chs1238-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1238 of 2009 in Execution Application No.346 of 2008. Citifinancial Consumer Finance India Limited .. Decree Holder (Original Claimant) v/s. Sanjay Bhikaji Rane & Anr. ..Judgment Debtor (Original Respondent) Mr.M.B.Kate for the Claimant. Mrs. B. Bahylayam for the Applicant CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. This Chamber Summons is taken out by the applicant for raising the attachment levied on the flat more particularly set out in prayer clause (b). 2. The judgment creditor, the decree holder, namely Citi Financial Consumer Finance India Limited secured a decree against Sanjay 2 chs1238-09.sxw Rane and Sanskriti Rane and in execution of the said decree the said decree holder has attached the flat bearing No.601 in the building known as Maharaja Retreat. The present applicant claims that he is the owner of the flat and he has nothing to do with Mr and Mrs. Rane and the said flat was purchased by him from Mrs. M.M.Thakare and Ms. N.B.Thakare. The attachment is sought to be raised on the ground that the applicant is the full owner of the property and the applicant has nothing to do with Mr. and Mrs. Rane. The applicant has produced his title deeds in regard to the suit flat i.e. to say he has produced agreement dated 16.1.1999 between M/s. Ravi Asish Land Developers Ltd., and Mrs. M.M.Thakare. He has also produced original agreement dated 28.10.2007 between Mrs. M.M.Thakare and Ms. N.B.Thakare and himself by which flat no.601 which is subject matter of the attachment has been sold to the applicant. Both the documents are in original and the said documents bear appropriate endorsement of stamp office. In fact on agreement dated 16.1.1999 one can find endorsement as regards payment of deficit stamp duty and other relevant endorsements. Looking to these two documents it is abuntantly clear that the applicant is the owner of the flat No.601. The decree holder are relying upon the agreement dated 12.5.2004 3 chs1238-09.sxw purported to have been executed by M/s. Ankita Builders in favour of Sanjay D. Rane, Judgment Debtor. The said agreement bears endorsement of the stamp office in token of having registered the said agreement. Looking to the documents produced by the applicant as well as the document produced by the bank, one thing is sure that if Mrs. Thakare and Ms. Thakare had purchased the flat in January 1999 from the developer, then there is no question of anybody dealing in the said flat in the year 2004. Agreement has been entered by Mrs. Thakare and Ms. Thakare in favour of the applicant in 2007. Prima facie looking to the three documents which are before the court, it is clear that the document dated 12.5.2004 produced by the decree holder on the basis of which attachment is levied on the flat no.601 is forged. Hence the case of the applicant is required to be accepted and the attachment levied on flat no.601 which is presently owned by the applicant is required to be raised. Hence following order is passed to dispose of the chamber summons. ORDER i) Chamber Summons is made absolute in terms of prayer clause 4 chs1238-09.sxw (a). There shall be no order as to costs. ii) The original documents tendered by the learned Counsel for the applicant are returned to her. [R.Y.GANOO, J.]