JUDGMENT :

1. By way of present appeal, the appellant – original defendant no.9 has challenged the impugned order dated 26.09.2018 passed by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Olpad (hereinafter be referred to as “the Trial Court”) below application Exhibit 5 in Special Civil Suit No.428 of 2016, whereby the application came to be partly allowed.

2. With the consent of learned counsel appearing for both the sides, the appeal is taken up for final hearing.

3. Brief facts of the present case are that the appellant has purchased the subject parcel of land by way of registered sale deed from one of the co-owners of the land and the co-owner has entered into sale transaction with the appellant and sale deed executed on 02.06.2016 and after paying full consideration the subject parcel of land was sold to the appellant. It is the case of the appellant that though he purchased the subject parcel of land, the respondent no.1 – original plaintiff has filed the suit for specific performance of the unregistered agreement to sell entered into between the legal heirs of the original land owner somewhere in the year 1980. But till date, the original pl