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:

“(a) On 11.06.1995, the Agreement was executed between the Respondent and the Applicant by which the Respondent agreed to sell flat No.408, Saidham Co-operative Society, Sodawala Lane, Borivli (West), Mumbai-400 092 to the Applicant for a total sum of Rs.4,25,000/- which was then the prevailing actual price of the said flat.

(b) On 06.12.2000, the Contempt Authority- Bandra passed an order directing Chandrika Nandlal Mehta (Respondent-Judgment Debtor) to pay an amount of Rs.8,000/- per month.

(c) On 0.04.2001, CRA No.678 of 2001 was dismissed. On 10.04.2001, Special Leave Petition No.7022 of 2001 was filed and the Hon'ble Supreme Court granted exparte stay of the order dated 10.04.2001. On 26.06.2001, the Deed of Transfer for full consideration of Rs.4,25,000/- executed by th