vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3221 OF 2003 NOTICE OF MOTION NO.3221 OF 2003 NOTICE OF MOTION NO.3221 OF 2003 IN SUIT NO.3270 OF 2003 Shamji Khimji Shah ... Plaintiff V/s. Khimji Palace Co-op.Hsg.Society ... Defendant None for Plaintiff Mr.M. Shah i/b Bharat Joshi for Defendant CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: MARCH 10, 2006 MARCH 10, 2006 MARCH 10, 2006 P.C.: P.C.: P.C.: . The prayers sought in the Notice of Motion taken out by the Plaintiff are for restraining the Defendant-Society from creating impediments in any manner in the construction of the extension to the society building which was to be carried out by the plaintiff and for an injunction against the defendants from demolishing any construction carried out by the plaintiff. 2. The learned Advocate for the Defendants points out that the construction is already complete and the plaintiff has amended his suit accordingly by adding paragraphs 32A, 36A and prayer clause (f) which indicate : 2 : that the plaintiff is aware that the construction is complete. In these circumstances, he submits that the Motion has become infructuous. 3. Nobody appears for the plaintiff. In my view, the Motion has become infructuous in view of the fact that the construction is already complete. Motion is dismissed as infructuous.