1. The present Suit is filed by the Plaintiffs against the Defendant for specific performance of an oral agreement entered into between the Plaintiffs and late Shri Mangilal Gulabchand Narsingji, father of the Defendant, in respect of the share inherited by the Defendant from the estate of late Shri Mangilal Gulabchand Narsingji, who was holding 1/3rd share out of 5 Annas share in the immovable property-II, more particularly described in Exhibit-B (page 36 of the Plaint), at the time of his death. The oral agreement was also with the two brothers of Mangilal Gulabchand Narsingji viz. Madanlal Gulabchand Narsingji and Ranjeetmal Gulabchand Narsingji. These two brothers have already performed their part of the oral agreement and conveyed their right, title and interest in the property to the Plaintiffs as set out hereinafter.

2. The Plaintiffs have in Suit No. 629 of 2013 also taken out the above Notice of Motion seeking the following interim reliefs:

“(a) this Hon'ble Court may be pleased to permit the Plaintiffs to carry on development work in respect of the immovable property I and II excluding an area of 581.38 square metres as earmarked by the Plaintiffs on the Plan a