1 CHS135.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 135 OF 2008 IN EXECUTION APPLICATION NO. 441 OF 2006 IN SECUNDARABAD SUIT NO. 313 OF 1997 TCI Finance Ltd. ... Plaintiffs. V/s. M/s. Delvin Electric Pvt. Ltd. and Anr. ... Defendants. And Ms. Seema Shah. ... Applicant. Ms. Shilpa Kapil for the Plaintiffs. Ms. Manisha Bhalia for the Applicant. CORAM : R.Y. GANOO, J. DATED : 24th JANUARY 2011. P.C. :- The Applicant herein wants that the order of sale in regard to Flat No. 102 should be set aside. The Applicant has produced copy of the sale deed dated 8th November 2005 by which Flat No.102 was transferred in favour of the Applicant by Nirupama R. Dixit. It is to be noted that decree in the aforesaid Suit is passed against M/s. Delvin Electric Pvt. Ltd. and Mr. Rajeev Dixit. Flat No.102 is owned by Mrs. Nirupama R. Dixit. She has transferred it to the Applicant by way of sale deed dated 8th November 2005. If this is the position, it is difficult to accept how the Flat No.102 can be attached. 2 CHS135.08.sxw 2. Learned Counsel for the Claimants submitted that this flat is purchased and the consideration is paid by Mr. Rajeev Dixit. Prima-facie, Flat No.102 was owned by Nirupama Dixit on 8th November 2005 and it has been sold to the Applicant on 8th November 2005. Hence, this flat could not have been attached in execution of the decree passed against the aforesaid two persons. The attachment will have to be raised. Hence, following order is passed :- (i) Order directing sale of the property viz. Flat No.102 dated 16th November 2007 is set aside. There shall be no order as to costs. (ii) Attachment levied on the said Flat No.102 consequently stands vacated. (iii) The Chamber Summons is disposed of accordingly. (R.Y. GANOO, J.)