R,M,S. KHANDEPARKAR, J.:- This appeal arises from the judgment and order dated 30-4-2004 passed in Suit No.364 of 1978. Only ground on which the impugned decree is sought to be challenged is that inspite of answering all the issues in favour of the appellants/plaintiffs on the point of agreement between the parties, willingness and readiness of the plaintiffs to perform the agreement, the specific performance has been denied solely on the ground that the suit was pending for 25 years when that could not be a ground to refuse to exercise discretion in favour of the plaintiffs for grant of specific performance of the agreement.

2. We have heard the learned counsel for the appellants, None has appeared for the respondents, though served. We have' also perused the records.

3. The suit was filed by the appellants for specific performance of the agreement of sale dated 27-3-1976 by which the appellants had agreed to purchase the Flat No.304 comprising of three rooms and a kitchen and other amenities, situated on the third floor of the building and admeasuring 970 sq.ft. buildup area for a total consideration of Rs. 1,05,100/ - and had paid sum of Rs.21,OOO/- to the respondents/d