/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.4079 OF 2003 Madukar Harischandra Parkar ...Plaintiff Vs. Omardin Nazir Khokhar ...Defendant --- Mr. V.R. Sutrale for the Plaintiff None for Defendant ---- CORAM: V.M. KANADE J. DATED 2ND SEPTEMBER,2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. None appears on behalf of the Defendants, though they have been served. Affidavit of service dated 1.2.2008 is taken on record. Affidavit of service discloses that the Bailiff working in the office of Sheriff of Bombay and the Defendant who was present, declined to accept the service, and, therefore, a joint additional affidavit has been filed by the Bailiff and the Plaintiff herein. The Plaintiff has filed an affidavit in lieu of examination-in-chief. The Plaintiff is present in the Court. He submits that he has affirmed the said affidavit and he admits the contents of the said affidavit in view of the evidence and has also tendered the list of original documents. Both the affidavit of evidence / 2 / and the documents are taken on record and marked Exhibits '1' and '2' Collectively, since the averments made in the plaint and the affidavit of evidence of the Plaint are uncontroverted. The Plaintiff has established his case and suit is accordingly decreed in terms of prayer clause (a). Suit is decreed with costs in the aforesaid terms. The Plaintiff claims mesne profit at the rate of Rs.8,000/- per month. An enquiry be held under Order 20 Rule 20 for mesne profit. Certified Copy is expedited. V.M. KANADE J.