1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE NOTICE NOTICE OF MOTION NO.1449 OF 2006 OF MOTION NO.1449 OF 2006 OF MOTION NO.1449 OF 2006 IN IN IN SUIT SUIT SUIT NO.1223 OF 2006 NO.1223 OF 2006 NO.1223 OF 2006 Mrs.Jaymala S. Kamath Plaintiff vs. M/s.Orbit Ventures & Co. & ors. Defendants Mr.R.R.Sharma for the plaintiffs. Ms.Bhavana Shahj for defendant no.4. Mr.Anil A. Jakatdar for defendants 1 to 3. CORAM : ANOOP V. MOHTA,J. DATED : 29th April, 2009 P.C. Admittedly, in the said Notice of Motion, considering the submission with regard to the properties involved, by a reasoned order dated 27th September, 2006, the Single Judge of this Court refused to grant any ad-interim order. The statement was recorded on 3.5.2006, but once ad-interim order is refused and as there is no such order to continue the statement, the issue with regard to flat no.202 is not remained to be considered for ad-interim relief. As recorded, once ad-interim relief refused by subsequent order, in my view, there is nothing to accept the case/submission on behalf of the appellants in Notice of Motion. Apart from this, Appeal No.18/2007 preferred by the 2 Appellants, against the rejection of ad-interim order dated 27th September, 2006, after hearing both the parties, a Division Bench on 28.02.2007 in Appeal No.18/2007 passed the order in the following terms: "P.C. . The learned advocate for the appellant states that since it is revealed that the flats have already been sold, the appellant desires to take out a fresh notice of motion and for that reason, craves leave to withdraw the appeal. The appeal is accordingly allowed to be withdrawn for the said purpose and stands disposed of as withdrawn. 2. It is made clear that we have not expressed any opinion on any of the points sought to be raised in the matter." 2. In view of this, on the same facts and circumstances and as the Appellants had already sought liberty to take out fresh notice of motion and withdrew the Appeal, I see, in the absence of additional material on record and as liberty is already granted and as contented rightly, no relief can be granted to the appellants in this notice of motion on same circumstances. However, as liberty is 3 already granted, the appellants may take out appropriate fresh notice of motion based upon changed circumstances, if any. 3. Notice of motion is accordingly disposed of. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]