: 1 : nms-4793-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4793 OF 2007 IN SUIT NO. 3462 OF 2007 Prithviraj Sardarmal Ranawat & Ors. .. Plaintiffs v/s. Pradeep Dharampal Mehra & Ors. .. Defendants ......... Ms. Sonal with Gayatri Sharma i/b S.K. Srivastav & Co. for the plaintiffs Mr. Kishore Jain i/b Tushar Goradia & Nisha Parmar for defendant nos. 1 and 8. Mr. Suneet Moholkar for defendant nos. 2 to 7. Mr. Bohra i/b Pramodkumar & Co. for defendant no.9. ......... CORAM : R.Y.GANOO, J. DATE : 1st DECEMBER, 2010 P.C. : 1. Heard learned Counsel on both sides. Learned Counsel for defendant no.9 informs the Court that the construction activity is substantially over and third party rights are created in respect of various units which have been constructed. In view of this, plaintiffs are not entitled to reliefs set out in this motion. If some third party rights are created, plaintiffs may have to take appropriate steps. Defendant no.9 is directed to inform to the advocate for the plaintiffs total number of units / flats constructed and out of which how many : 2 : nms-4793-07=.sxw units / flats have been disposed of by creating third party rights. This information should be supplied to the plaintiffs on or before 23rd December, 2010. In view of the above, following order is passed to dispose of the notice of motion. ORDER (i) In view of change of hands at the hands of defendant no.9, Motion does not survive as of today. After getting information from defendant no.9, it will be open for the plaintiffs to attend to the matter to protect their interest. There shall be no order as to costs. (ii) Original documents which were ordered to be produced today in the Court have not been produced. Hence, there is no question of returning them to the Prothonotary and Senior Master. (R.Y.GANOO, J.)