JUDGMENT - R.M. LODHA, J.:---This first appeal is directed against judgment and decree passed by the 2nd Joint Civil Judge, Senior Division, Pune, on 28-8-1981 whereby the trial Court decreed the plaintiff's suit for specific performance of the agreement of sale 7-9-1967 and passed a consequential order including delivery of vacant possession of portion of plot admeasuring 1000 sq.ft. to the plaintiff.

2. Arjun Karsan Patel, respondent No. 1 herein is the original plaintiff in the suit filed before the Civil Judge, Senior Division, Pune. The suit was filed against Madhav Gangadhar Bapat, respondent No. 2 herein (original defendant No. 1), Ramjibhai Vishram Patel, appellant No. 1 herein (original defendant no. 2) and M/s. Geet Udhyog, appellant No. 2 herein (original defendant No. 3). The original plaintiff prayed for decree for specific performance of agreement of sale dated 7-9-1967 executed by original defendant No. 1 in respect of 3300 sq.ft. of the land from the plot No. 121 details of which were given in paragraph 1 of the plaint. The original plaintiff prayed that out of 3300 sq.ft. of land agreed to be sold by original defendant No. 1 to original plaintiff, the land admeasur

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