1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3296 OF 2009 IN SUIT NO.2268 OF 2009 Chandrakanta Sunil Bandekar Plaintiff versus Asma S. Dhorajiwala and another Defendants None for the plaintiff. Mr.Chetan Raithatha i/by I.C.Legal for defendant no.1. CORAM : S.J.KATHAWALLA, J. DATE : 3rd February 2011 PC : 1. By this Notice of Motion the plaintiff has sought following relief :- "a) That pending the hearing and final disposal of the suit, the Defendant No.2 be directed by an interim order and injunction restraining the Defendant No.2, her servants, agents, nominees and hirelings from in any manner selling, transferring, alienating or creating any third party rights on the subject flat at Laud Mansion, Ground Floor, Maharshi Karve Road, Mumbai 400 004" Though the Notice of Motion was taken out on 11th August 2009, no application for ad-interim relief was made before this Court. The Defendant no.2 has filed her affidavit as well as written statement wherein it is stated as follows :- "(C) On or about 10th October 2008, the said Mrs.Dhorjiwala surrendered the tenancy rights to the co- owners. (D) By Agreement of tenancy dated 13th October 2008, 2 the co-owners have granted tenancy rights in favour of Dr.Abdulkadeer M. Jetpurwala, in respect of said Room No. 9. The said Agreement of tenancy has been registered with the office of Sub Registrar of Assurances under serial no.BBE1-8617/2008 on 13th October 2008." 2. Though the said affidavit has been served on the plaintiff in the year 2009 itself, the plaintiff has not taken any steps to join Dr.Abdulkadeer M. Jetpurwala as a party defendant to the suit. The plaintiff has also not appeared before this Court. In view of the above facts, the reliefs sought by the plaintiff in the Notice of Motion have become infructuous. The Notice of Motion is, therefore, dismissed on the ground of the same being infructuous. 3. The defendant no.2 shall serve their written statement on the plaintiff within one week from today. Place the suit for framing of issues on 21st April 2011. (S.J.KATHAWALLA, J.)