1 chs400-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.400 of 2010 in Execution Application No.84 of 2010 in Suit No. 2723 of 2007 Pramod Makharia .. Plaintiff v/s. Smt.Laxmidevi Makharia & Ors. ..Defendants Mr.M.P.S.Rao & S. Marathe i/b. Parag Shelke for the plaintiff Mr.Snehal Shah i/b. Narayan & Narayan for the Applicant- Defendant No. 10. CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. This Chamber Summons is taken out by defendant no.10 for raising attachment with regard to flat No.4 described in prayer clause (a) and movables lying in said flat no.4 described in prayer clause (b). 2. I have heard learned Counsels on both sides. Flat No.4 is let out to defendant no.10 and according to the present applicants, the flat let 2 chs400-10.sxw out to the defendant cannot become subject matter of attachment. On this ground itself the attachment is sought to be raised. Movables in said flat no.4 are owned by defendant no.10 applicant. On this count attachment of movables is sought to be raised. 3. Having heard learned counsels on both sides, defendant no.10 has made out with the case for raising attachment on the flat no.4 as well as movables therein as the defendant no.10 as nothing to do with the decree passed against the other defendants. 4. Hence chamber summons is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. [R.Y.GANOO, J.]