1 wp-7803-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7803 of 2011 Mr. Jivraj Gluabrao Kadam .. Petitioner Versus Mr. Gulabrao Narsingrao Shedge (Kadam) through Legal Heirs & Ors. .. Respondents Ms Deepa Kamath for the Petitioner CORAM : R.M.SAVANT, J. DATE : 15th NOVEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 5-12-2008 passed by the 10th Joint Civil Judge, Pune, by which order, the application filed by the Petitioner under Order 38 Rule 6 of the Code of the Civil Procedure for attachment before Judgment, came to be rejected. It appears that there was a compromise between the parties in respect of the properties owned by the family. It is the case of the Petitioner that the Petitioner though entitled was not given his share in the lands which are subject matter of the suit in question, and that the lands were gifted to the grand children of the original owner. The Petitioner is the step son of the 2 wp-7803-11 original owner. The apprehension that the persons who have been given the gift would create further rights on application under Order 38 Rule 6 of the CPC, therefore, came to be filed by the Petitioner. The Trial Court on the ground that there was an overall compromise between the parties in respect of the property of the original owner did not grant the said relief. In my view, the reasons given by the Trial Court are unexceptional in the context of the application being one under Order 38 Rule 6 and do not merit any interference at the hands of this Court in its writ jurisdiction. The Writ Petition is accordingly dismissed. 2 However, it would be open for the Petitioner to file appropriate application in the event third party rights are sought to be created by the transferees by way of gift. If such an application is made, needless to state that the same would be decided on its own merits and in accordance with law. (R.M.SAVANT, J.)