1. This Notice of Motion is taken out by the applicant, who is the father of the award debtors/respondents, to raise the attachment levied upon flat No.57 in Mantri Corner, Sayani Road, Mumbai-400 026. The attachment has been levied upon the property of the award debtors where they reside. The applicant would claim that though the award debtors reside there, he is the sole owner of the attached property. It does not belong to the award debtors and hence the attachment must be raised.

2. In para2 of the affidavit-in-support of the Notice of Motion the applicant has stated that he resides in the attached premises for the last many years as the member of the society. The society has issued share certificate No.29 in respect of the distinctive shares bearing Nos.141 to 145 which stand in his name. He also claims to be paying the maintenance for the attached flat and has relied upon other documents to show his possession. In para5 of the affidavit-in-support he has claimed to be an exclusive owner of the attached premises. In para6 he has stated that the premises belong to him and the respondents/award debtors have no rights in the said premises.

3. To show that the applicant is th