S. J. VAZIFDAR, J.

( 1 ) THIS is an Appeal against the order of the learned Single Judge allowing the Chamber Summons taken out by Respondent No. 2 by directing the amendment of the terms and conditions of sale of a flat, in execution, recognising the right of respondent No. 2 therein under a leave and license agreement dated 8. 10. 2001. PRELIMINARY FACTS :

( 2 ) THE Appellant is a judgment creditor having obtained a decree dated 31. 5. 2002 against Respondent no. 1 passed by the High Court of the Hong Kong special Administrative Region, Court of First instance, in Action No. 4761 of 2 in the sum of US $616 with interest. Respondent No. 1 is the judgment debtor. On 26. 3. 2003 the above Execution application was taken out by the Appellant for execution of the decree of a sum of Rs. 3,48,98,644. 84 inter-alia against a flat owned, according to the appellant, by Respondent No. 1. According to respondent No. 1, he is the co-owner of Flat No. 201, silver Arch, Nepan Sea Road, Mumbai alongwith his wife. This is a dispute with which we are not concerned in this Appeal. A warrant of sale of the said flat was issued on 21. 5. 2004 and a proclamation of a sale thereof has also been