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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
M.K.Madhavan (deleted) Nanlini Wd/o M.K.Madhavan – Appellant
Versus
R.Subramaniam (deleted) Rajesh R. Subramaniam – Respondent
JUDGEMENT :
FIRDOSH P. POONIWALLA, J.
1. The present First Appeal is filed by the heirs of the original Plaintiff challenging the Judgement dated 19th December 2007 passed by the Bombay City Civil Court, whereby the following order was passed:
“ORDER
“Suit is partly decreed as under:
The defendants shall pay earnest amount of Rs.30,000/- along with interest at the rate of 12% p.a. since the date of suit, till realization of amount to the Plaintiffs.
The relief claimed by the Plaintiffs for specific performance is hereby rejected.
In the circumstances, no order as to costs.”
FACTS
2. The case of the original Plaintiff is as follows:-
a. The original Plaintiff resided in Flat No.14 of Mangla Goodwill Co-operative Housing Society Ltd situated at Wadala, Mumbai 400 031. The original Defendant was also a member of the said Co-operative Housing Society and owned Flat No.13 adjacent to the original Plaintiff's Flat No.14. The area of the original Plaintiff's flat is 410 sq.feet. The area of the original Defendant's flat No. 13 is 285 sq.feet or thereabouts.
b. The original Plaintiff had a daughter of marriageable age. The original Plaintiff was looking out for a suitable residential flat for his dau
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