1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.4253 of 2009 . in Summary Suit No.731 of 2006 Sheru Thaku Ajwani & Others .. Plaintiffs v/s. Smt. Snehalata Ranjan Nikale & Others ..Defendants for the Plaintiff. for the Defendant CORAM : R.Y.GANOO, J. DATED : 23rd June , 2010 P.C. : 1. Affidavit of service is filed. Motion is duly served. By this motion plaintiffs want attachment beforejudgment in regard to the flat which was agreed to be sold by the defendants to the plaintiffs. This application is filed on the strength of word of the broker who says in his affidavit dated 9.12.2009 that the defendant no.1 had approached him to get buyer for the said flat. It is to be noted that the motion was taken out in the month of December 2009 and the broker’s affidavit is dated 9.12.2009. It was expected of the plaintiffs to place 2 before this Court the facts which exist as of today, within the knowledge of the plaintiffs as well as within the knowledge of the broker, as to whether the said flat has been sold or whether there are any buyers or otherwise. In my view, it would be unsafe to rely on the word of the broker alone. In my view, this is not a fit case where order of attachment can be passed, because no case for attachment is made out. Motion is required to be dismissed. Hence the order. ORDER Motion is dismissed. There shall be no order as to costs. [R.Y.GANOO, J.]