Dr. Bharat Bhushan Parsoon, J.: - A suit for specific performance of agreement dated 12.9.1993 for possession of House No.322, Sector-9, Chandigarh is pending adjudication in the lower court since 7.11.2002. It was owned by Ran Singh Grewal, who died leaving behind alleged Will and five legal heirs including his widow Smt. Basant Kaur, who also died later. Sukhdyal Singh Grewal, defendant No.1, respondent No.1 herein, Manmohan Singh, defendant No.3, respondent No.3 herein, and Jagdev Singh Grewal, defendant No.4, respondent No.4 herein are sons of Ran Singh Grewal whereas Smt. Harminder Kaur Sidhu, defendant No.2, respondent No.2 herein, is his daughter.

2. Hearing has been provided to the counsel for the parties while going through the paper book.

3. The plaintiff, petitioner herein, moved an application under Order XII Rule 6 CPC seeking judgment in his favour on the basis of admission made by defendant-respondent No.1. This application was strongly contested and finding triable issues, the lower court vide order dated 28.4.2007 came to the conclusion that the judgment and decree to the extent of admission made by defendant No.1 in the given set of circumstances of highl