1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3968 OF 1994 . M/s.KAYS Associates(Regd.) : Plaintiffs. Versus Mohamed Sayed Gulam Mohamed Patil alias Patel & ors. : Defendants. Mr. R.D.Suryawanshi for the Plaintiffs None for the Defendants CORAM : R.M.SAVANT, J DATED : NOVEMBER 11, 2008 P.C. 1. The above suit has been wrongly clubbed along with Suit Nos.3966 of 1994, 3967 of 1004 and 3971 of 1994 in spite of the order dated 20/10/2008. By the said order the above Suit No.3968 of 1994 was to be shown under the caption of “Undefended Suit”. None appears for the Defendants though served. 2. By an order passed by this Court on 20/10/2008 the above 2 suit has been transferred to the list of Undefended Suit as no written statement has been filed by the Defendants. Since there is no written statement, there will be a decree in favour of the Plaintiffs under Order VIII Rule 10 of the Code of Civil Procedure. Hence the order :- :ORDER: 1] The Suit is hereby decreed in terms of prayer clauses (a), (b), (c), (d) and (d1) 2] The Defendants shall pay the costs of the Plaintiffs and bear their own. 3] Decree be drawn up on the Plaintiffs depositing in Court the balance consideration of Rs.40350/- [Rupees Forty Thousand, Three hundred and Fifty only] within eight weeks from date. Decree be drawn up accordingly. 4] Suit stands disposed of accordingly. [R.M.SAVANT, J]