IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3750 OF 2004 IN SUIT NO. 3613 OF 2004 M/s.Candes & Kunder Construction & Anr..Plaintiffs versus Dr.Mrs.Celine Desa & Anr. .. Defendants ... Mr.D.H. Mehta i/b N.M. Shah for the plaintiff. Ms.Samant i/b HSS Murthy for the defendant no.2. Mr.A. Dasgupta i/b Jhangiani Narula for the defendant no.1. CORAM : D.G. KARNIK,J. DATED : 28th March 2005. P.C.: 1. Heard the learned counsel for the parties. 2. In view of the fact that third party interest have already been created, this motion has become infructuous. At the request of the learned counsel for the plaintiffs, allowed to be withdrawn with liberty to take out a fresh motion for appropriate reliefs. 3. Motion disposed of. D.G. KARNIK, J