1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3505 OF 2009 IN APPEAL NO.379 OF 2009 IN SUIT NO.1186 OF 1995 Chelamma Balkrishna ..... Appellant vs. Hema Rohit Dharamshi .... Respondents Mr.J.S. Kini, i/by Suresh Dubey for appellant. None for respondents. CORAM : J.N. PATEL & SMT.R.P.SONDURBALDOTA, JJ. DATED : 16th October, 2009. PC : 1. The appellant has served the Notice of Motion on the respondent- original plaintiff through courier service. Earlier when an attempt was made to serve the respondent by registered Post A/D. The same was returned with the endorsement “the address is incomplete”. We accept service of notice through courier. The interim order in terms of prayer clause (a), on the appellant’s giving an undertaking to this Court that she would not alienate or create any encumbrance of the nature which may affect the title of the suit flat, without permission of this Court. The said undertaking be filed on/or before 10th November 2009. Failure to file an undertaking, would result in recalling of the order and dismissal of Notice of Motion No.3505 of 2009. The Notice of Motion stands disposed of accordingly. (Smt.R.P.SondurBaldota,J.) (J.N. Patel, J.)