1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1314 of 2009 IN Notice of Motion No.1750 of 2008 IN Suit No.1481 of 2008 M/s.Sukh Niwas Co-operative Housing Society Ltd. .. .. Plaintiff v/s. Mrs.Kala R. Gidwani & ors. .. Defendants Mr.Rajeev Kumar with Mr.P.N. Patil for Plff. Mr.Bhavesh Parmar for Deft.No.2. Ms.Vaishali V. Thorat for Deft.No.1. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 6th July, 2010 P.C. : 1.In the initial application for ad-interim reliefs made on 18.3.2009 in the above Notice of Motion No.1750 of 2008, Defendant No.1 was represented through her Advocate, who made a statement that she alone resided in the suit flat and had no concern with Defendant Nos. 2 to 4 who are not in occupation of the suit premises. Defendant No.1 was directed to give an undertaking that 2 she would not allow Defendant Nos.2 to 4 or any other person to occupy the suit premises pending the Notice of Motion. Defendant No.1 has applied for modification of that order. 2.The application for grant of ad-interim relief was heard after affidavits of the parties came to be filed much thereafter and the ad-interim order in Notice of Motion No.1750 of 2008 has come to be granted on 31.8.2009 on merits. That Notice of Motion has been heard by this Court today after hearing all parties also on merits. In view thereof, the question of undertaking of Defendant No.1 does not now come up for consideration as an order has been passed against Defendant Nos.2 to 4 restraining their entry in the suit premises. 3.Mrs.Thorat on behalf for Defendant No.1 argued that Defendant No.1 had not given her Advocate instructions to make the statement that she made and was not present in Court on 18.3.2008. That fact is recorded. 4.There shall be no other order on the Notice of Motion. No order as to costs. (SMT.ROSHAN DALVI, J.)