1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1210 OF 2003 Kalpana Bhagwan Jathar & Ors. .. Plaintiffs Versus Prabhakar Bhagwan Jathar & Ors. .. Defendants Mr.Rajesh Patil i/b. Mahesh Jani & Co. for plaintiffs None for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd March 2009. P.C. . Plaintiffs’ Advocate has complied with the statements made on 17th February 2009. He has tendered the affidavit of evidence of 2 Mrs.Kalpana Bhagwan Jathar - plaintiff No.1. She is present in Court. Her Advocate prays that the affidavit be taken on record. Mrs.Kalpana Jathar appears before me and states on oath that the affidavit dated 2nd March 2009 is her affidavit in lieu of examination in chief. She has signed the same. She confirms the signature below para 23 thereof. She states that the affidavit is in English language. She can sign in English language. However, she has been explained contents of the affidavit in Marathi by the Interpreter of this Court. She states that she has fully understood the statements made therein. She confirms each one of them. She states that they are true and correct. She has also stated that the documents are originals and the contents thereof are true and correct. 2. The affidavit in evidence is taken on record. The compilation of documents is also taken on record. 3 3. The suit is filed for Administration of the estate of deceased Bhagwan Jathar. Both plaintiffs and defendants claim to be a joint family. The deceased Bhagwan was owner of immovable property which was purchased under an agreement dated 7th October 1970. The original agreement is produced. The witness states that the signature at Serial No.2 is that of her father Bhagwan Jathar. She identifies the signature. She states that her father has purchased this flat and the society has issued share certificate in his favour. The original certificate is also produced. She states that her mother died on 8th January 2001 whereas the father, Bhagwan Jathar expired on 8th April 2002. She has also produced original receipts which have been issued to her father by the Nav Bhavna Premises Coop.Society Ltd. She has also produced original electricity bill. 4 4. Plaintiffs’ witness Kalpana Jathar is duly authorised by all plaintiffs to depose on their behalf. Plaintiff’s witness is deposing on her behalf and on behalf of plaintiff Nos. 2 to 5. She has stated that Plaintiff Nos. 4 and 5 are invalid being deaf and dumb. Defendant No.1 is also deaf and dumb. She has stated that there are four daughters and one son. The second defendant is the wife of first defendant. She has been harassing the other parties and that is how the suit had to be filed. The affidavit of Kalpana Jathar in lieu of examination in chief is taken on record and marked "X" for identification. 5. The plaint averments are confirmed. Original documents are produced. None of the defendants have filed any written statements. There is no denial of the statements and averments in the plaint. None of the defendants, though duly served, are appearing to cross 5 examine the plaintiff No.1. In these circumstances, original documents are also taken on record and marked as "X-1 Colly." for identification. 6. In the light of the fact that the plaint averments are proved, there will be a decree in terms of prayer clauses (a) to (d). Advocates cost to be computed as per rules. (S.C.Dharmadhikari, J)