( 1 ) HEARD Counsel for the parties.

( 2 ) THIS order will dispose of both the Chamber Summonses.

( 3 ) BRIEFLY stated, the Judgment Creditor filed Summary Suit against the defendants, which has been decreed on 18th March, 2002. The said decree has become final and has not been challenged by any of the defendants, In execution of the said decree, the Judgment Creditor persuaded the Executing Court to issue warrant of Attachment in respect of Flat No. 12-C, Atlas Apartment, First Floor, harkness Road, Malabar Hill, Mumbai-400006 on the assertion that the said flat belongs to defendant No. 3. Warrant of Attachment was issued on 15th May, 2002. Consequent thereto, warrant of sale in respect of the said premises was issued on 25th February, 2003. When the proceedings were in progress before the commissioner, the third party/applicant filed objection on 19th May, 2003 to proceed with the warrant of sale on the assertion that the premises in question belong to Master Naman Madhav Patel. The third party/applicant has filed that objection as guardian of minor Naman Madhav Patel. It is stated that the said property is part of property of Atlas Apartments Co-operative Housing Society limited

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