JUDGMENT - KARNIK D.G., J.:---This appeal came up for hearing on admission on 14th January, 2003 when the learned Counsel for the parties agreed that the appeal should be heard finally at the stage of admission itself and was accordingly adjourned for final hearing. Appeal then came up for final hearing on 22nd January, 2003 and after hearing for sometime was adjourned several times for settlement. As the settlement was not possible, hearing was continued and concluded today.

FACTS

2. For the sake of convenience, the parties are referred to by reference of their original status in the suit. The plaintiff is the owner of several properties bearing C.T.S. Nos. 150, 150/-1 to 6, 151, 152, 152/1 2 together admeasuring about 6,251.30 sq. metres and more particularly described in Clause 1 of Exhibit A to the plaint which are hereafter referred to as the suit properties. The plaintiff is also the owner of some other properties in respect of which separate agreement/s were executed between the parties but, which are not the subject-matter of the suit. By an agreement dated 29th September, 1986 executed by the plaintiff on the first part and promoters of defendant No. 3 company on the seco

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