1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 362 OF 2009 IN EXECUTION APPLICATION NO. 204 OF 1997 IN NOTICE NO. 1774 OF 1997 Janardhan M. R. Pillai (deceased) through heirs Gopika Nina Pillai and ors. .. Appellants Vs. Madhubhai Z. Patel and ors. .. Respondents Mr. Gaurang Mehta for appellants. Mr. Sanjay Kothari & H.N. Vakil i/by Mulla & Mulla for respondent nos.3 and 4. CORAM: B. H. MARLAPALLE & C. L. PANGARKAR, JJ. January 27, 2010. P.C. 1. Heard the learned counsel for the appellants, who are the Judgment Debtors in Execution Application No. 204 of 1997. 2. Chamber Summons No. 892 of 2008 was taken out by the Judgment 2 Creditors/Holders in Execution Application No. 204 of 1997 under Order XXI Rule 41 of C.P.C. and the same has been allowed in terms of prayer clause (a). The said prayer in the Chamber Summons reads as under:- “(a) That the Judgment Debtors be ordered and directed to describe/disclose on oath all debts, other properties and assets (including movable and immovable), and means which they may have for satisfying the amounts under the decrees/orders mentioned in the Execution Application together with all the supporting documents, books of accounts and tax returns within such period as this Hon’ble Court deems fit and proper.” 3. It is thus clear that by the impugned order, the appellants have been directed to disclose on oath all their assets and liabilities and other means which they may have for satisfying the amounts which are subject matter in the Execution Application. There is no attachment of such properties/assets as of now and in any case when such an eventuality arises, Order XXI Rule 64 of C.P.C. will be applicable. 3 4. We have gone through the grounds raised in the appeal memo and we are satisfied that no case has been made out to cause interference in the impugned order passed in the pending Execution Application and hence this appeal must fail at the threshold. 5. The appeal is hereby dismissed in limine. (C. L. PANGARKAR, J.) (B. H. MARLAPALLE, J.)