1 nms-2911-06-s-2440-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2911 OF 2006 IN SUIT NO. 2440 OF 2006. M/s. Housing Development Finance Corporation Ltd. ..Plaintiff. vs. Dr. Santosh Krishnarao Revankar & Ors. ..Defendants. .... Ms. Shubhangi Subhedar, for Plaintiff. Mr. P.S. Bhosle, i/b. S.K. Bhosle, for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 23RD NOVEMBER 2010. P.C. The learned Advocate appearing for the Plaintiff states that though the Court Receiver was appointed at the ad-interim stage in respect of the Suit flat, the Court Receiver was unable to execute the order since some third party was found in possession. However till date, the Plaintiff has not taken out any proceedings to add the said third party to the Suit and/or to the Notice of Motion and obtain necessary reliefs against the said third party. 2. The learned Advocate appearing for the Plaintiff states that the Plaintiff is in the process of taking out necessary proceedings to amend the Plaint. In view thereof, the learned Advocate for the Plaintiff seeks to withdraw the Notice of Motion with liberty to file a 2 nms-2911-06-s-2440-06 fresh Notice of Motion after necessary directions are obtained to amend the Plaint and the Plaint is so amended. 3. Notice of Motion is therefore allowed to be withdrawn with liberty as sought. [ S.J. KATHAWALLA, J. ]