1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3178 OF 2009 IN SUMMARY SUIT NO. 1568 OF 2008 Bella Felix Fernandes & Anr. .. Plaintiffs V/s Elvira Fernandes & Ors. .. Defendants Ms.Eventa A. Gonsalves for the plaintiff. Mr.Sean Wassoodew for defendant nos.2 and 3. CORAM : D.G. KARNIK, J. DATE : 15TH JUNE 2009 P.C. : 1. Counsel for the defendant nos.2 and 3 tenders affidavit of the defendant no.3 dated 13th June 2009. Counsel for the plaintiff states that in view of the affidavit, the motion taken out by the plaintiff does not survive. 2. The motion is disposed of as infructuous. (D.G. KARNIK, J.)