IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2601 OF 2005 IN SUIT NO.2425 OF 2005 Pooja Aggarwal & Ors. ..... Plaintiff V/s. South Indian Co-op. Bank Ltd. & Ors. ..... Defendants None for the plaintiff. Ms.Kavita Anchan i/b M/s.M.V.Kini & Co., for defendant No.5. Mr.N.Bhadrashete, Advocate, for defendant No.1. CORAM : A.V.NIRGUDE, J. DATED : 08th August, 2008. P.C. 1. The learned Advocate appearing for defendant Nos.1 to 3 states that although the notice of motion was directed against his client and his client were resisting the same by not releasing the property from attachment. He stated that ultimately his client handed over the property to other creditor of the plaintiff i.e. Canara Bank (Defendant No.5). 2. The learned Advocate appearing for the defendant No.5 stated that since they had first charge over the property, they could sale the property. But she admitted that proceedings are still pending before DRAT. In view of these further developments in respect of the said flat, the present 2 notice of motion does not survive and has become infructous. The notice of motion accordingly stands disposed of as infructous. ( A.V.NIRGUDE, J. )