1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 651 OF 2003 Sureshchand G. Agarwal … Plaintiff. Versus Sudhir Yagyadatt Mudgal .… Defendant. Mr. D.F. Sharma a/w Ms. Manju Sharma for the Plaintiff. CORAM: V.M.KANADE, J. DATED: 3RD MARCH, 2010. P.C. 1 Heard the Learned Counsel appearing on behalf of the Plaintiff. None appears for the Defendant though he was served with the writ of summons. Affidavit of service dated 18th October, 2009 has been filed. Inspite of service of writ of summons the Defendant has not filed written statement. Suit was transferred to the caption of ‘Undefended Suits’. Since no written statement is filed, the averments made in the plaint are not controverted and therefore, deemed to be admitted. Plaintiff has also filed an affidavit in lieu of evidence along-with original documents. Suit is filed for specific performance of Memorandum of Understanding dated 11th July, 2000. Suit is 2 filed on 2nd December, 2002 and, therefore, it is filed within limitation. By the said Memorandum of Understanding, the Plaintiff was to pay total consideration of Rs.3,00,000/- out of which Rs.2,00,000/- were paid at the time of execution of the said Memorandum of Understanding. Balance amount of Rs.1,00,000/- has been deposited by the plaintiff in this Court. Plaintiff therefore, has shown readiness and willingness to perform his obligation to the contract. The Defendant however, failed to hand over the possession of the flat. Plaintiff therefore, in my view, has proved his case. Suit of the plaintiff is accordingly decreed in terms of prayer clause (a) to (e). 2 Suit accordingly is allowed and disposed of. Plaintiff is entitled to refund of court fees in accordance with rules. (V.M. KANADE, J.)