- 1 - 11.nms.451.11s.178.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 451 OF 2011 IN SUIT NO. 178 OF 2011 Sudhir Madanlal Khandwala ..Plaintiff -Versus- Chandar S. Sharma ..Defendant .......... Mr.Vinay M. Bhate for the Plaintiff. Mr.Neville Deboo for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 29TH SEPTEMBER 2011. P.C. 1 I am informed that the plaintiff has expired. This is a suit under Section 6 of the Specific Relief Act, 1963. In any event, this Notice of Motion does not survive in view of the defendant’s statement that he is not in possession of the suit premises. 2 The defendant claims to have a right in respect of the suit property, which, he states he will enforce only by recourse to due process of law. - 2 - 11.nms.451.11s.178.11 3 The heirs of the plaintiff would have to adopt appropriate proceedings against the third party, if any, who may be in possession. The Notice of Motion is accordingly disposed of. -