:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 4540 OF 2006 OF MOTION NO. 4540 OF 2006 OF MOTION NO. 4540 OF 2006 IN IN IN SUIT SUIT SUIT NO. 2743 OF NO. 2743 OF NO. 2743 OF 1997 1997 1997 Jairam Korga Shetty. ... Plaintiff. V/s. The Collector of Bombay & Anr. ... Defendants. And Amjad Ansari. ... Respondent. Mr. N.S. Parte i/b. S.R. Prabhavalkar for the Plaintiff. None for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . This Motion has been instituted in this Court on 22nd December 2006 but from 22nd December 2006 till today, a copy of the same has not been served on the Respondents. The Motion seeks relief of detention of the Respondents in Civil Prison so also attachment of their property for non compliance of order dated 8th August 1997, passed by this Court. In other words, the principal relief is under Order XXXIX Rule 2A of C.P.C. 2. The Motion was placed before me on 24th November 2008 on which date it was admitted by the Plaintiff’s Advocate that the Motion could not be served and he sought time till 20th January 2009 to serve the Notice of Motion. Even today, it is reported that the Motion is not served. :2: No reasons are set out as to why for two years and more the Motion could not be served. These are not satisfactory state of affairs and this Court cannot assist the Plaintiffs any longer. 3. In these circumstances, the Motion can be dismissed. However, the Motion is allowed to be withdrawn and dismissed as such. Needless to state that it would be open for the Plaintiff to move this Court again, seeking the relief in the present Notice of Motion. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)