1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1454 OF 2006 WITH CHAMBER SUMMONS NO.1467 OF 2006 IN EX.APPLICATION NO.20 OF 1998 IN SUIT NO.3033 OF 1994 Ramzanali Gulam Hussain Rmodiya & Ors. .. Applicants (Jud.Debtors) Versus Hamida Karim Ramodiya & Anr. .. Decree Holders (Orig.Plaintiffs) and Hussain H. Ramodiya and Ors. .. Respondents and Sheriff of Mumbai .. Respondent Mr.Kishor Jain a/w.Nisha Parmar i/b.T.Goradia for decree holder Mr.Anoop Sharma i/b. S.M.Kazi for applicant in Ch/S.1454 of 2006 Mr.Atul Singh i/b. R.Shah for respondent Nos. 1 to 3 none for plaintiffs. CORAM : S.C.DHARMADHIKARI, J. DATE : 29th September 2008 P.C. 2 . Mr.Jain appearing for decree holders in both these chamber summons fairly states that the respondent/applicants in both these chamber summonses having brought to the notice of the decree holder and their Advocate, the original documents so also the order of the Court permitting all conveyances to be executed in their favour, it is not possible to sustain the warrant of attachment dated 10th February 1998 insofar as attachment of moveables. In such circumstances, he states that decree holders would have no objection if the said attachment is raised. In these circumstances, in both chamber summonses it is directed that warrant of attachment insofar as it relates to the properties of Manjrekar Chemicals and more particularly moveables, the same stands raised and the decree holders to take steps for execution of the decree as far as other properties of judgement debtors are concerned. 3 2. It is however, needless to state that in execution of the decree these moveables shall not be liable to be attached. 3. As far as attachment with regard to immovable property, levied on 16th February 2006 and 27th July 2006, Mr.Jain again in fairness states that the decree holders are satisfied that the judgement debtors do not hold any rights, title and interest in the properties set out in the warrant and, therefore, they have no objection for raising the attachment on the moveables and immovable properties only to the extent of share of Manjrekar Chemicals. Needless to state that the decree holders are not precluded from executing the decree as far as other properties and assets of the judgement debtors. 4. Chamber summons is allowed in the aforesaid terms. 4 (S.C.Dharmadhikari, J)