[1.0] Present Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been preferred by the appellant herein – original plaintiff to quash and set aside the impugned judgment and decree dated 25.07.2005 passed by the learned trial Court - learned 4th Additional Sr. Civil Judge, Nadiad in Regular Civil Suit No.235 of 2003 as well as the impugned judgment and order dated 29.02.2012 passed by the learned Appellate Court – learned 7th (Ad-hoc) Additional District Judge, Kheda at Nadiad in Regular Civil Appeal No.332 of 2005 by which the learned lower Appellate Court has dismissed the said Appeal preferred by the appellant herein – original plaintiff by confirming the judgment and decree passed by the learned trial Court dismissing the suit.

[2.0] Facts leading to filing of the present Second Appeal in nut-shell are as under:

[2.1] That the appellant herein – original plaintiff instituted Regular Civil Suit No.235 of 2003 against the respondent herein – original defendant in the Court of learned Civil Judge (Senior Division), Nadiad for specific performance of the Agreement to Sale. That the learned trial Court framed the issue