1 nms.1332.10.doc ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1332 OF 2010 IN SUIT NO.556 OF 1981 The Municipal Corporation of Greater Mumbai and ors .. Plaintiffs versus Simon Pimenta and ors ..Defendants CORAM: S.J.KATHAWALLA, J. DATED: MARCH 9, 2011 P.C. Suit No.556 of 1981 was filed by the plaintiffs against the defendants praying for an order and decree to specifically perform the agreement for sale dated 4th April 1964 and to execute the conveyance in favour of the plaintiffs upon payment of the balance purchase price as stated in the plaint and for cost of the suit etc. The suit was decreed on 6th September 1989 wherein the plaintiff was directed to deposit an amount of Rs.1,52,823.51 in this court within six weeks from 6th September 1989 and the defendants were directed to 2 nms.1332.10.doc execute the conveyance transferring the suit property in favour of the plaintiffs. It was further ordered and decreed that if the defendants do not execute the conveyance , the conveyance shall be executed by the court. 2. The defendants have failed and neglected to execute the conveyance in favour of the plaintiffs in accordance with the decree. The above notice is therefore taken out by the plaintiff under Order 21 Rule 34 of the Code of Civil Procedure, 1908 seeking a direction to the Prothonotory and Senior Master to execute a conveyance qua the suit property in favour of the plaintiffs. The said notice is personally served on the defendant no.1 and by substituted service on defendant nos. 2,3,and 4. However, no reply is filed to the notice by any of the defendants nor are they appearing before this court. In view thereof, the above notice is made absolute and the Prothonotary and Senior Master of this court is directed to execute the conveyance in respect of the suit property in favour of the plaintiffs within a period of eight weeks from today. The Notice is accordingly disposed of. ( S.J.KATHAWALLA, J )