1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9207 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri D.B. Patil for the Petitioner. Shri Rajesh S. Thakur with Shri S.K. Jain for the Respondent No.1. -- CORAM : A.S.OKA, J. DATE : 22nd January 2010. P.C.: . Learned counsel appearing for the Petitioner states that the Petitioner wants to apply under Order XXI Rule 2 of the Code of Civil Procedure, 1908 for recording payment or adjustment and such application will be made within a period of two weeks from today. Learned counsel appearing for the Petitioner states that the Executing Court be directed to consider the application independently on its own merits after hearing the parties, and till that time, the property which is attached should not be sold. The learned counsel appearing for Respondent No.1 has no objection for adopting the said course. He, however, submits that the first Respondent- decree holder may be heard. Hence, the Petition is disposed of by passing following order :- 2 (a) The statement of the learned counsel appearing for the Petitioner that an application will be made within a period of two weeks from today is accepted. (b) If such application is made, the trial Court will decide the same in accordance with law after giving an opportunity of being heard to all concerned parties including the first Respondent. (c) The order of attachment will continue to operate. The application made by the Petitioner shall be decided on its own merits within a period of 12 weeks from the date on which the same is filed and without being influenced by the findings recorded in the impugned order. (d) Till the expiry of the period of 12 weeks, the attached property shall not be sold. (e) The Writ Petition is disposed of in above terms. (A.S.OKA,J)