-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1125 OF 2010 IN APPEAL (l) NO. 195 OF 2010 IN SUIT NO. 3193 OF 1996 Amritha Krishnanad Rao. ..Appellant. Versus Rajesh Y. Shenoy & ors. ..Respondents. Ms. K. P. Reshma Ravi for the appellant. Coram : F.. I. REBELLO & R. V. MORE, J. Date : June 22, 2010. P. C. : 1. The suit was filed by one Rajesh Y. Shenoy against one A. Krishnanad Rao and Mrs. Vrinda Y. Shenoy. There was also one more name of Mrs. Shanta Keshava Rao, whose name appears to have been struck off. The suit by the plaintiff was for a declaration that the plaintiff is entitled to Flat No.8 in Building No.3, Golden Valley, Kalina, Santacruz (East), Mumbai 400 098 and hand over quiet, vacant and peaceful possession of the said flat to the plaintiff and other reliefs. Learned trial Court held in the ex-parte proceedings that the plaintiff is entitled to the possession of flat and 1st defendant along with his family is trespasser in the flat. Both the original defendants are alive. They have chosen not to prefer any appeal before this Court or to apply before the same Court for srp -: 2 :- setting aside the ex-parte decree. The present appeal is sought to be filed by one Amrutha K. Rao, daughter of Mrs. Vrinda V. Shenoy. She was not party before the learned Single Judge. Original defendant no.2 is still alive. The cause shown in the affidavit-in-support would also not amount to sufficient cause. Hence, notice is motion is dismissed and consequently appeal is also dismissed. (R.V. MORE, J.) (F. I. REBELLO, J.)