1 app20.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.20 OF 2011 IN CHAMBER SUMMONS NO.539 OF 2010 IN EXECUTION APPLICATION NO.211 OF 2009 IN SUMMARY SUIT NO.6992 OF 1999 WITH NOTICE OF MOTION NO.182 OF 2011 Vijay Kumar Mahabal Shetty .. Appellant. Vs. Savita Ramniklal Dave and Anr. .. Respondents. AND APPEAL (L) NO.167 OF 2011 IN CHAMBER SUMMONS NO.1583 OF 2010 IN EXECUTION APPLICATION NO.303 OF 2008 IN SUMMARY SUIT NO.2000 OF 2005 Vishawanath Jagannath Shety .. Appellant Vs. Jayantilal Maganlal Brahm Bhat and Anr. .. Respondents. Mr.M.M.Vashi i/b A.A.Siddiquie & Associates for the appellants. 2 app20.11.sxw CORAM: D.K. DESHMUKH & R.G.KETKAR, JJ DATED : 8TH JUNE 2011 P.C.: 1. Notice has been issued to the respondents. The respondents are served. The affidavit has been filed. None appears for the respondents. Heard learned counsel for the appellants. 2. As the appellant had not produced any registered conveyance by which the property was transferred in favour of the appellant, in our opinion, now the order impugned in the appeal cannot be interfered with. Learned counsel appearing for the appellants, however, submitted that now there is registered conveyance of the property in favour of the appellants. He also submitted that the entire land and property has been conveyed by the erstwhile owner in favour of the society which has issued the share certificate in favour of the appellants. Admittedly, these documents were not produced before the learned Single Judge and, therefore, they have not been considered. In our opinion, if those documents are in existence it is for the appellant to move the learned Single Judge for lifting of attachment on the basis of those documents. If such an application is made the learned Single Judge shall consider the same in accordance with law. Learned counsel for the appellants submits that he will move the learned Single Judge with appropriate application within a period of four weeks from today. 3 app20.11.sxw In our opinion, therefore, the following order will meet the ends of justice: The appeals are disposed of. Liberty is granted to the appellants to move the learned Single Judge for lifting of attachment on the basis of fresh evidence within a period of four weeks from today. For a period of four weeks on the basis of attachment of the property no further action be taken. The appeals are disposed of. In view of the order passed in appeal No.20 of 2011, Notice of Motion No.167 of 2011 does not survive and the same is also disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH,J)