Shri. Moti Salim Oosman v. Mr.K. Gopal Rao And ORS.

32 - Fa 931-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 931 OF 2019 Shri. Moti Salim Oosman .... Appellant

Versus

Mr. K. Gopal Rao and Ors.

.... Respondents.

Mr. Geogy Jacob i/b. G.J. & Associates for the Appellant Ms. Tamanna Tawadia-Naik i/b. Vox Law for Respondent Nos.1 & 2. Mr. A.P. Sathe for Respondent No.3.

CORAM :

K. K. TATED, J.

DATE :

18th SEPTEMBER, 2019 P.C.

Heard learned counsels for parties.

2.

By this First Appeal, the appellant/original plaintif is challenging the judgment and decree dated 09/09/2015, passed by Bombay City Civil Court at Bombay in S.C.Suit No.6843 of 2005 dismissing the appellant/original plaintiffs suit for specifc performance of contract and in alternative for damages/ compensation.

3.

Considering the submission made by the learned counsel for the appellant and the impugned judgment and decree, I satisfed that the appellant has made out a case for the following H.R.Shinde

32 - Fa 931-2019 order - (i) Admit.

(ii) Printing dispensed with.

(iii) The appellant to fle private paper-book with copy to other side within one year from today, failing which the First Appeal shall stand dismissed without further reference to the Court.

(iv) The Registry is directed to call R & P immediately. (v) Learned counsel Ms. Tapadia and Mr. Sathe waives service for respondents.

[K. K. TATED, J.] H.R.Shinde