F.M. Reis, J.—Learned Counsel for the petitioner seeks leave to delete respondent No.2. Leave granted, at the risk of the petitioner. Amendment to be carried out forthwith.

2. Heard Shri Sudin M.S. Usgaonkar, learned Counsel appearing for the petitioner and Shri C.A. Coutinho, learned Counsel appearing for respondent No.1.

3. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondent waives service on rule.

4. The above petition challenges the order dated 18.3.2011 passed by the learned Civil Judge, Senior Division Margao whereby an application filed by the petitioner under Order 21, Rule 58 of the CPC came to be rejected.

5. Shri Usgaonkar, learned Counsel appearing for the petitioner has assailed the impugned order and pointed out that the learned Judge has proceeded on a wrong assumption that the suit flat was attached pursuant to an order passed in Special Civil Suit No.34/04 dated 21.4.2005. The learned Counsel has taken me through the said order and pointed that no such document was referred to by the learned Judge while passing the impugned order. The learned Counsel further pointed out that the attachment carried out in t