1 NMS2545.04.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2545 OF 2004 IN SUIT NO. 2543 OF 2004 Rajkumar M. Shorewala. ... Plaintiff. V/s. M/s. Lithos Estate Developers. ... Defendants. Mr. Anil Chauhan i/b. M/s. N.N. Vaishnawa & Co. for the Plaintiff. Ms. Shreevardhini Parchure i/b. M/s. Negandhi Shah & Himaytullah for the Defendants. CORAM : R.Y. GANOO, J. DATED : 24th SEPTEMBER 2010. P.C. :- The Plaintiff has filed this Suit for specific performance of agreement dated 4th August 1998 wherein according to the Plaintiff, the Defendants had agreed to sell suit flat described in prayer clause (a). 2. This Notice of Motion was taken out by the Plaintiff for appointment of a Court Receiver as also for an order of injunction restraining the Defendants from creating third party rights and/or parting with possession. 2 NMS2545.04.sxw 3. As of today, the learned Counsel for the Defendants makes a statement that the Defendants have already disposed of the suit flat in favour of Mrs. Aruna Parekh and Mr. Bipin Parekh prior to taking out the present Notice of Motion. 4. If this be so, as of today, there is no question of passing an order in terms of this Notice of Motion and the Notice of Motion is required to be dismissed accordingly. 5. Hence, following order is passed to dispose of the Notice of Motion :- (i) The Notice of Motion is dismissed as it has become infructuous. (ii) There shall be no order as to costs. (R.Y. GANOO, J.)