1 nms2190-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.2190 of 2010. in Execution Application No.95 of 2010 in LPA 83 of 2000 in Writ Petition No.4176 of 1998 Mahim Causeway Macchimar Co-op. Hsg. Soc. Ltd. .. Plaintiff v/s. Vasant R. Tare & Anr. ..Defendants Mr.Kailash T Tiwari for the Applicant No.1. Mr.R.P.Pote for Applicant No.2 in support of Notice of Motin Mr.K.N.Kore for the Society CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. By this notice of motion the applicant no.2 wants that Execution Application No.95 of 2010 in LPA No.83 of 2000 from Writ Petition No.4176 of 1998 should be quashed and set aside. Learned Counsel appearing on behalf of applicant no.2 could not point out the provisions of law by which this application was made. It was argued 2 nms2190-10.sxw across the bar that the flat of the second applicant is likely to be attached by order to be passed in the Execution Application. If as a result of the Order which may be passed in the future, the interest of the second applicant is likely to be affected, it will be open to the second applicant to make application for joining him as party and contest the said application. 2. If such application is filed, the same shall be heard on merits. It will be just not possible to quash and set aside the Execution Application filed by a particular party. 3. No views are expressed on the merits of the application which may be filed by the applicant no.2. 4. In view of the above, notice of motion is dismissed with no order as to costs. [R.Y.GANOO, J.]