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2014 Supreme(Bom) 188

G.S.PATEL
Jayesh Gopaldas Sampat – Appellant
Versus
Paresh Satyendra Vohra – Respondent


Advocate Appeared:
For the Plaintiffs:Naushad Engineer with Nilesh Modi, Siddharth Shenoy, Siddharth Chandrashekar i/by Rustomji K. Giniwala, Advocates.
For the Defendants: None present.

Judgment :

G.S. Patel, J.

1. The suit is listed for exparte decree. The defendants were served on 21st September 2011. No written statement has been filed. None appears for the defendants.

2. Heard Mr. Naushad Engineer, learned Advocate for the plaintiffs. Perused the plaint. The Plaintiffs have tendered an affidavit of documents and a compilation, as also an affidavit in lieu of examination in chief of one Jayesh Gopaldas Sampat, the 1st plaintiff. Mr. Sampat is personally present in Court. He confirms the correctness of the statements made in the affidavit in lieu of examination in chief. The documents produced by him along with his affidavit of documents, and attested to in his affidavit in lieu of examination in chief are taken on record and marked Exhibit “P1” collectively. Plaintiffs shall file a compilation of photocopies of these documents within one week from today. This compilation shall be verified by the office and the original documents shall then be returned to the advocate for the Plaintiffs.

3. This is a suit for specific performance. The 2nd plaintiff is the 1st plaintiff’s mother, and the 3rd plaintiff is his wife. The plaintiffs seek a specific performance of a flat

















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