JUDGMENT

The challenge in this Appeal is to the judgment and decree dated 07/08/2013 in Regular Civil Suit No.5732 of 2006. By the impugned judgment, the learned Judge, City Civil Court, Greater Bombay decreed the suit for specific performance and directed the Appellants herein to execute the sale deed in respect of the suit property in favour of the Respondent herein within a period of two months.

2. The brief facts necessary to decide this Appeal are as under:—

The Respondents were the Plaintiffs and the Appellants are the legal representatives of the original Defendant Vilasben Vinodchandra Dhruva, and shall be hereinafter referred to as ‘the Plaintiffs’ and the Defendants, respectively. The Plaintiffs are the residents of the United States of America. They were interested in purchasing a flat in Mumbai, preferably in a building, Jamuna Mahal, Prabhat Colony, Santacruz, wherein Mukesh Shah, the brother of the Plaintiff No.1, was residing. Vilasben Vinodchandra Dhruva, the original Defendant, owned flat No.304 on 3rd floor of Jamuna Mahal, which shall be hereinafter referred to as ‘the suit flat’. The original defendant expressed her desire to sell the suit flat. Accordingly, some