1 chs539-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.539 of 2010 in Execution Application No.211 of 2009 in Summary Suit No.6992 of 1999 Savita Ramniklal Dave .. Plaintiff v/s. Shafi Noor Mohammed ..Defendant and Vijaykumar Mahabal Shetty ..Applicant Mr.J.R.Chomal for the Plaintiff. Mr.Asaf Ali i/b.A.A.Siddiquie & Associates for the Defendant CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. By this Chamber Summons, applicant wants that the attachment in respect of the properties set out in prayer clause (a) of the Chamber Summons should be vacated. 2 chs539-10.sxw 2. I have heard learned Counsel on both sides. The applicant has taken out this Chamber Summons claiming to be the owner of the property and according to the applicant the defendant Mr.Shafi Noor Mohammed has nothing to do with the said property. 3. Counsel for the applicant drew my attention to the agreement for sale and transfer dated 4.1.2000 on the basis of which applicant claims to be the owner of the property. He also submitted to the court that in the books of the Co-operative Society, the shares are transferred in the name of the present applicant. 4. Having read the agreement dated 4.1.2000 it is clear that the applicant has entered into agreement for sale in regard to the property in question and formal sale deed is not before the court to say that the applicant is the owner of the property. The transfer of shares in favour of the present applicant by itself will not convey the rights in regard to the property in question. A regular conveyance was required in favour of the present applicant. 3 chs539-10.sxw Hence on the basis of the record I hold that the applicant is not the owner of the property described in prayer clause (a). Hence this Chamber Summons is not maintainable. Hence I pass following order. ORDER i) Chamber Summons is dismissed. There shall be no order as to costs. [R.Y.GANOO, J.]