JUDGMENT

P.N.Desai, J. - This appeal arise out of the Judgment and decree in R.A.No.247/2004 passed by Presiding Officer, Fast Track Court-VI Gulbaraga wherein, the First Appellate Court has allowed the appeal and set-aside the judgment and decree passed by the trial Court in O.S.No.213/1995 dated: 13-03-1998, consequently the suit of the plaintiff is dismissed before the trial court.

2. This appeal was filed by the appellant is the plaintiff before the trial court and the respondents are the defendants before the trial court. The defendant Nos.2 & 4 died during pendency of proceeding and their L.Rs. were on record.

3. For the purpose of clarity and convenience and to avoid repetition of discussion, the parties are referred in this Judgment as per their respective ranks before the Trial Court.

4. The appellant/plaintiff has filed suit before the trial court for specific performance of contract and injunction against the defendants. The brief contention of the plaintiff is that the plot bearing Nos.7, 8 & 9 situated in survey No.43/1 of Badepur Gulbarga shown in the layout plan approved by the Mandal panchayat, Taj Sultanpur are situated within the boundaries as shown in paragraph No