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2014 Supreme(Bom) 1492

S.J.KATHAWALLA
FGP Limited – Appellant
Versus
Saleh Hooseini Doctor – Respondent


Advocates:
Advocate Appeared
Mr. Partha Banerjee along with Ms. Ranju Yadav, instructed by M/s. Desai & Chinoy, for the Plaintiff.
Mr. D.J. Khambata, Senior Advocate, along with Mr. F. Pooniwalla and Mr. Nimay Dave, instructed by M/s. Bachubhai Munim & Co., for the Defendants.

JUDGMENT:

1. The above Suit is filed on 10th October, 1991, by the Plaintiff – FGP Limited against the Original Defendant inter alia for an order and decree against the Defendant to specifically perform the Agreement for Sale executed on or about July, 1981 (Exhibit-A to the Plaint) and in the alternative for damages as claimed. The Original Defendant died on 31st January, 1999. On 26th February, 2001, the husband of the Original Defendant being her heir was brought on record. The husband of the Original Defendant died on 4th July, 2001. Thereafter his heirs i.e. the present Defendants are brought on record. The Suit is therefore pending before this Court since the last 23 years.

2. On 2nd July 2004, the Plaintiff herein filed a Chamber Summons being Chamber Summons No. 913 of 2004 seeking the amendment of the Plaint in terms of the Schedule annexed thereto. The said Chamber Summons was rejected by the Learned Single Judge and the Appeal preferred therefrom was also dismissed by the Division Bench of this Court. The Special Leave Petition filed before the Hon'ble Supreme Court was also rejected.

3. In January, 2014, the Suit was placed for framing of issues. At that time, the Plainti











































































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