: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.998 OF 2008 WITH CIVIL APPLICATION NO.1216 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Sunil Singh for the Appellant. Ms.S.J. Gajare, AGP for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 19TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. The learned Judge has proceeded on the basis that the Appellant/Plaintiff has challenged the order passed by the Family Court which is sought to be executed. This is not so. What the Appellant has contended is that the articles therein belonged to him and that therefore the execution could not be levied against the said articles. The submission is well : 2 : founded. If the articles in fact belonged to the Appellant, the same cannot be attached and sold in execution of a decree with which the Appellant is not concerned. 3. The learned Judge ought therefore to consider whether the articles lying in the suit premises which are sought to be attached in execution of the decree of the Family Court belong to the Appellant or not. For this purpose, it is not necessary for the Appellant to make any application before the Family Court in respect of the decree itself. I am informed by both the parties that the articles which are the subject matter of the suit have not been specifically referred to by the Family Court as being the assets of the judgment debtor. 4. With the above observations, the impugned order is set-aside and the learned Judge is requested to consider the application afresh. 5. In the circumstances, the Appeal from order and the Civil Application are : 3 : accordingly disposed of.