IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1916 OF 2006 OF MOTION NO.1916 OF 2006 OF MOTION NO.1916 OF 2006 IN IN IN SUIT SUIT SUIT NO.1697 OF 2006 NO.1697 OF 2006 NO.1697 OF 2006 Amirshad Khad ... Plaintiff. V/s. Rita Benny Jacinto and Ors. ... Defendants. None for the plaintiffs. Mr.Deepak Chitnis for Defendant Nos. 1 to 4. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 15th April, 2009 : 15th April, 2009 : 15th April, 2009 P.C. 1. The Plaintiff’s Notice of Motion now become infructuous, in view of subsequent development and also for the fact that on 21st June, 2006 itself, this Court has refused to grant ad-interim relief. The Appeal against this, was also dismissed on 8th August, 2005 (Appeal No.511 of 2006). The Defendants have already created third party rights in respect of the suit property by executing Agreement for development dated 2nd August, 2006. 2. The Defendants have already deposited the amount ( 2 ) as per the directions and that amount is invested. In view of this, there is nothing survives in this notice of Motion and the same is dismissed. The liberty is granted to the Plaintiff to apply for the amount which is already deposited for appropriate order. 3. Notice of Motion is, accordingly, dismissed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]