JUDGEMENT

1. The present Appeal from Order is preferred by the appellant herein – original defendant no.6 under Order 43, Rule 1 r/w. Section 151 of the Civil Procedure Code, 1908 challenging the impugned order dated 26.03.2018 passed by the learned Principal Senior Civil Judge, Gandhinagar below application at Exhibit 5 in Special Civil Suit No. 37 of 2017.

2. Brief facts of the present case are that the original plaintiffs – respondents no.1 and 2 herein filed Special Civil Suit No.37 of 2017 for specific performance of two agreement to sell executed on 30.07.2007 and 04.08.2007 with respondents no.3 to 7 and on the basis of the said agreement to sell, respondents no.1 and 2 filed the said suit along with ancillary relief of cancellation of registered sale deed executed on 18.06.2016 with respect to the agriculture land bearing Block No.176 admeasuring 4728 square meter situated at Village: Randeson, District: Gandhinagar. The plaintiffs have executed one unregistered agreement to sell on 30.07.2007 before the Notary and original defendant no.1 and present respondent no.3 i.e. legal heirs of Juhaji Shivaji Thakor for 1/8th share of agriculture land bearing Block No.176 adm