Balasaheb Sawant v. Revankar Constructions And ORS. And Mayura V Revankar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1021 OF 2012 WITH CHAMBER SUMMONS NO.1022 OF 2012 IN EXECUTION APPLICTION NO.125 OF 2007 Balasaheb Sawant ....Plaintiff Vs.

Revankar Constructions & Ors ....Defendants And Sadanand S. Revankar ..Applicant Mr. B. G. Saraf for Plaintiff Mr. Shashank Fadia for Applicant CORAM : K.R.SHRIRAM, J.

DATE : 10th JANUARY, 2019 P.C.:

This chamber summons is for raising attachment levied on 5th July, 2012, on a movable property namely the double door refrigerator, Godrej make, which was found in the residence of the Defendant. Applicant is a niece of Judgment Debtor No.1(a), Shashikant Shridhkar Revankar. On 5th July, 2012, the bailiff of this court attached all the movables found in a flat which admittedly did not belong to the Judgment Debtor on the assumption that this actually belongs to Judgment Debtor. The applicant states that one of the item attached is the refrigerator as mentioned in prayer clause (a).

2/3 To the affidavit in support, is annexed a photocopy of an invoice and receipt received from Vijay Sales, in which, the purchaser's name is shown to be that of the applicant. In the affidavit in reply, plaintiff has only baldly denied the averments in the affidavit in support. Considering the copy of the documents annexed to the affidavit in support of chamber summons, namely sales order and the invoice, I am satisfied that the applicant is entitled to the relief as prayed for in the chamber summons.

Chamber summons accordingly disposed in terms of prayer clause (a).

CHAMBER SUMMONS NO.1022 OF 2012 Already disposed vide order dated 18th August, 2017. GENERAL Mr. Fadia states that there is another chamber summons No.859 of 2017, pending in this execution proceedings, which is not listed today.

Mr. Saraf states that he has not been served with the said chamber summons.

Mr. Fadia hands over the copy of the chamber summons with

3/3 the copy of the affidavit in support.

Mr. Saraf states that reply will be filed within two weeks from today.

Rejoinder, if any, to be filed and copy served within one week thereafter.

Chamber summons be listed for hearing on 7th February, 2019. (K.R. SHRIRAM, J.)