1 chs124-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No. 124 of 2010 in Notice of Motion No. 600 of 2009 in Suit No. 285 of 2008 Sanjeev D. Mehta .. Plaintiff v/s. Pushpa Goswami & Ors. ..Defendants Mr.Tamboli with Pankaj Shah for the Plaintiff/Applicant in Chamber Summons Mr.N.K.Vazirani for the Defendant nos.1 and 2 Mr.N.M.Shah for the Defendant No.3 CORAM : R.Y.GANOO, J. DATED : 31st August , 2010 P.C. : 1. Heard learned Counsel on both sides. Learned Counsel appearing on behalf of the defendant no.3 states that the defendant no.3 has put up claim over the suit flat in entirety and the contention of the plaintiff that the defendant no.3 is has put up the limited claim is not correct. Statement made by the learned Counsel for the defendant no.3 across the bar is accepted. In view of the stand of the defendant no.3 the 2 chs124-10.sxw Chamber Summons cannot survive and is dismissed as not maintainable. There shall be no order as to costs. 2. It is clarified that court has not given any positive finding about the claim put up by the defendant no.3 as regards the entire flat. 3. The plaintiff in the present suit has taken out motion no.600 of 2009 for relief that defendant should not create third party right and or part with possession. If plaintiff wants to apply for any other interim relief the plaintiff is free to apply. [R.Y.GANOO, J.]