: 1 : chs-402-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 402 OF 2010 IN SUIT NO. 2723 OF 2007 Pramod Kumar Makharia .. Plaintiff v/s. Laxmidevi Makharia & Ors. .. Defendants ......... Mr. Sanskar Marathe & M.P.S. Rao i/by Parag Shelke for the plaintiff Mr. Snehal Shah i/by Narayanan & Narayanan for defendant nos. 8 and 9 and applicant in CHS. ......... CORAM : R.Y.GANOO, J. DATE : 6th SEPTEMBER,2010. P.C. : 1. This chamber summons is taken out for raising of attachment in regard to the three properties (i) situate at 211, Dilkap Chambers, 2nd floor, Off. Veera Desai Road, Behind Balaji Telefilms, Andheri (W), Mumbai-400 053, (ii) Silver Arch, ‘B’ 11th Floor Lokhandwala, Versova, Andheri (W), Mumbai-400 053 and (iii) Property situate at 39-A, 3rd floor Maker Tower, ‘F’ Cuffe Parade, Mumbai – 400 005. 2. Learned Counsel for the applicants in the chamber summons states that this chamber summons will survive only in regard to : 2 : chs-402-10=.sxw property situate at 39-A, 3rd floor Maker Tower, ‘F’ Cuffe Parade, Mumbai – 400 005, as two other properties mentioned above are already disposed of. 3. It is common ground that decree is not passed against defendant nos. 8 and 9. In such a case it will not be open for the plaintiffs to execute decree against the properties held by defendant nos. 8 and 9. After having considered the record, it is clear that property at 39-A, 3rd floor Maker Tower, ‘F’ Cuffe Parade, Mumbai – 400 005 is owned by defendant no.8. Hence, the same cannot become the subject matter of attachment. In view of the aforesaid discussion, chamber summons is required to be granted in consonance with prayer clauses (a) and (b) of the chamber summons. Accordingly, it is hereby ordered that attachment levied in regard to property situate at 39-A, 3rd floor Maker Tower, ‘F’ Cuffe Parade, Mumbai – 400 005 and movables therein stands raised. There shall be no order as to costs. (R.Y.GANOO, J.)