Admit. Service of notice of admission is waived by Ms.Kruti M.Shah, learned advocate for the respondents.

1. Heard learned advocate Mrs.Ketty A.Mehta for the appellant and Ms.Kruti M.Shah for the respondents. Perused the record and proceedings received from the trial Court, which are called for pursuant to order dated 11.02.2013 passed by this Court (Coram:Hon'ble Mr.Justice Rajesh H.Shukla) with a direction that the notice is issued upon respondents for final disposal of the appeal at admission stage.

2. Pursuant to such direction, on receipt of record and proceedings of trial Court, both the parties have agreed to dispose of the First Appeal at admission stage and, therefore, argued at length.

3. Appellant is the plaintiff and respondents are the defendants before the Trial Court in Special Civil Suit No.355 of 2002, which is dismissed by the impugned judgment and order dated 07.01.2013 passed by Additional Senior Civil Judge, Surat. For the sake of convenience, parties are referred with reference to their nomenclature in the suit.

4. The sum and substance of plaintiff suit's is very well explained in the impugned judgment. The suit is for specific performance of an un