1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2187 of 2007 In Suit No.2677 of 2003 Shabnam Abdul Majid Chaudhary .. Plaintiff v/s. Bhagwan Dharamdas Aswani & anr. ..Defendants And Mulund Darshan Co-Op.Hsg.Soc.Ltd. & anr. ..Respondents Mr.Jayesh Bhatt for Plaintiff. None for Defendants. None for Respondents. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 4th September, 2008 P.C. : 1.This Notice of Motion is taken out upon breach of the order dated 14.9.2005. By that order, the Defendants were restrained from disposing of and parting with possession of the suit flat. Respondent No.1-Society was informed of the order. After the order, they are stated to have disposed of the suit flat to Respondent No.2. 2.The Plaintiff, therefore, has claimed reliefs of injunction against the Defendants and the Respondents and a further order of injunction against Respondent No.2. The 2 Defendants have been sought to be served by RPAD and UPC. The packet by RPAD is returned with remarks “not known” and “left”. Service under Postal Certificate is seen to be effected. The Respondents are served by personal service. The Chairman of Respondent No.1 has refused to accept the service on 14.8.2007. This Notice of Motion has been affixed outer door of the Society' s office. Respondent No.2 has been served on 28.6.2007. He has accepted service but refused to sign in acknowledgment. The Plaintiff has filed an Affidavit of service showing the original endorsement of the Bailiff' s certificate of pasting as well as the returned registered packet. The Plaintiff has also published notice of this Notice of Motion. An Affidavit to that effect is stated to have been filed on 26.8.2008. Copy of the Notice of Motion has also been affixed on the conspicuous part of this Court. Consequently, the Respondents are served. No Affidavit-in- reply is filed. 3.Ad-interim order came to be passed in Notice of Motion No.2888 of 2003 in the above Suit in terms of prayer-(c). The Defendants were restrained from encumbering and disposing of the suit flat being Flat No.G/193, Mulund Darshan, Mulund Colony, Mumbai 400 082. That order came to be confirmed on 14.9.2005. 3 4.Paragraph 5 of the Affidavit-in-support of the Notice of Motion shows only that the Defendants have purported to sell the suit flat. Precise sale is not shown. The date of the sale is not known. Hence, the case for breach of the order of injunction is not made out. 5.The Notice of Motion is dismissed. [SMT.ROSHAN DALVI, J.]