1 WP 4413.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4413 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.B.Kale,Advocate for the Petitioner. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 30/06/2011 PER COURT : 1. Heard. 2, The present respondent had filed execution petition against the present petitioner for execution of the money decree passed in Spl. Civil Suit No. 37 of 2002. The respondent has filed an application for attachment of the property of the petitioner. The petitioner filed objection to the same. The executing Court directed attachment of the said property under Order XXI Rule 54 of the Code of Civil Procedure. Aggrieved thereby, the present petition has been filed. 3. Mr. Kale, the learned counsel for the petitioner submits that the property which is attached is the disputed property as the Suit is pending in respect of the same filed by the brother 2 WP 4413.2011 of the petitioner. In the said Suit, order of status- quo is passed. As such, it would not be legal and proper to attach the said property. The learned counsel further contends that the property is encumbered with the Credit Society i.e. the same is mortgaged. In view of that fact also, the attachment order could not have been passed, but the executing Court has not considered these aspects and has passed the impugned order. 4. The petitioner claims to be the owner of the property. If at all the brother of the petitioner claims any right, it is for him to object and not the petitioner. If the property is mortgaged with the Credit Society, it is for the said Society to take appropriate steps. The petitioner can not thwart the execution of the decree on the said grounds. The executing Court has observed that there is no order of stay in force as on the date when the order is passed. 5. In view of the above, no error has been committed by the Court below. As such, the Writ Petition is dismissed, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 4413.2011 3 WP 4413.2011