M/S. JAIN DEVELOPERS Vs. RAJA R. CHHABRIA

JUDGEMENT

(1.) Being aggrieved by the order passed by the learned Single Judge on Notice of Motion No. 2513 of 2016 filed in Suit No. 2808 of 2008 thereby dismissing the suit for want of prosecution on the sole ground that the plaintiffs have failed to serve the defendants as directed by the court, the present appeal is filed.

(2.) Suit No. 2808/2008 was filed by the present appellants, thereby seeking a declaration that there is a valid and subsisting agreement of sale in respect of a piece of land situated at village Mogra, taluka Andheri, near Silk Mill Compound, Andheri (East) in accordance with the terms and conditions described in the memorandum of understanding executed on 16/11/2007 between the plaintiffs and defendant no. 1 to 5. According to the appellants, they had paid an amount of Rs.17 lakhs towards part payment against the total consideration amount to respondent no.5 under MoU for sale / transfer of the suit properties in favour of the appellants, but there was failure on the part of respondent no.5 to discharge his obligations under the MoU in not providing the marketable title of the suit properties. The appellants were aggrieved by further development that respondent no.5 indulged in an attempt to sell the suit property in order to defeat the legitimate right of the appellants.

(3.) The suit being filed, the appellants attempted to serve the respondents through private service and courier with the copies of plaint and notice of motion etc. But respondent no. 1 to 4 were not found at their respective address as mentioned in the cause title of the plaint and all the envelopes containing the notice and the documents were returned with remarks "not found". Respondent no.5 filed his appearance in the suit and appeared through an advocate in the proceeding.