JUDGMENT

1. This Appeal is preferred by Original Plaintiffs challenging order dismissing the Suit as infructuous by allowing Notice of Motion taken out by Original Defendant Nos.1 to 5. The order impugned is dated 19th January, 2016 passed in S.C. Suit No.5823 of 2006 by the learned Judge, City Civil Court, Greater Mumbai. All the Respondents are Original Defendants in the same chronological order as given in the title cause. The Original Plaintiff predecessor of present Appellants/Plaintiffs filed Suit mainly against Defendant No.6 a partnership firm for declaration that Agreement dated 21st September, 1993 executed between Defendant No.6 and the Original Plaintiff is valid and binding upon all the parties. The other prayer clause was to direct the Defendant No.6 to perform it's part of the said Agreement by getting the same signed by Defendant Nos.1 to 5. Other were interim prayers seeking directions restraining Defendants from creating third party interest.

2. The facts in short are that the Original Plaintiff entered into an Agreement in the Defendant No.6 of partnership firm for sale of the suit land admeasuring 1711.3 sq. mtrs. that is a part of larger property bearing CTS No.1