vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1997 OF 2006 NOTICE OF MOTION NO.1997 OF 2006 NOTICE OF MOTION NO.1997 OF 2006 IN SUIT NO.223 OF 2005 Comm.Cyrus Patell ... Plaintiff V/s. Lt.CDR.IN (Retd.) M.G. Deodhar ... Defendant Mr.D.D. Madon with Mr.Sanjay Udesh for Plaintiff Mr.P.Paul for Defendant CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: JUNE 30, 2006 JUNE 30, 2006 JUNE 30, 2006 P.C.: P.C.: P.C.: . Mr.Paul, appearing for the Defendant, states that the suit flat has already been sold on 15.12.2005 by a registered sale deed. In view of this, this Motion has become infructuous. Therefore, the Plaintiff seeks liberty to withdraw the same and file a fresh Motion after taking necessary steps to join the incumbent in the flat as a party. 2. Motion is accordingly allowed to be withdrawn with liberty as prayed for and dismissed as such.