KUSUM HARILAL SONI Vs. CHANDRIKA NANDLAL MEHTA

JUDGEMENT

(1.) Applicant, the daughter of the Respondent, has taken out this Chamber Summons to set aside the warrant of attachment of the immovable as well as movable properties therein i.e. Flat No.408, Saidham Co.op. Society, Sodawala Lane, Borivli (West), Mumbai, being not a party to the proceedings between the Plaintiff and the Respondent-Judgment Debtor.

(2.) The brief facts as per the applicant are as under:

(3.) The Applicant has filed sir-rejoinder to the same. Strong reliance was placed by the learned Counsel appearing for the Respondent-Judgment Debtor on the evidence/cross-examination of the Respondent (Smt.Chandrika) in the main Application No.13 of 1996, whereby it is stated that "I have another premises being flat no.408 in Saidham Society in Borivali. The said premises stand in the name of myself and my daughter Chetana in joint name. The said premises being purchased for my daughter Chetana and after her marriage she will be residing therein. My daughter is aged about 32 years. The said premises has been let out by us." The learned Counsel appearing for the Respondent contended that the averments so made in supporting affidavit as well as in the additional affidavit and the documents so filed in no way takes away the rights of the Judgment-Debtor to attach the immovable, as well as, the movable properties to recover the dues as per decree/order which has attained finality. The submission is also made that the transactions and the documents so relied upon are collusive in nature and these documents are also fraudulent. Therefore, the attachment order so passed needs to continue.