ORAL JUDGMENT

1. Present Appeal from Order is filed by the appellants – original defendant Nos.2 and defendant Nos.5 to 7 of Special Civil Suit No.04 of 2002 challenging the order and decree passed by the learned Principal Senior Civil Judge, Deesa dated 20th July, 2007 below Exhibit Nos.623, 637, 626, 638, 645 and 635 in Special Civil Suit No.04 of 2002.

2. Mr.H.M.Parikh, learned Advocate appearing on behalf of respondent Nos.5 to 11 herein and defendant Nos.14 and 15 has raised preliminary objection with respect to maintainability of present Appeal from Order under Order 43 Rule 1 of the C.P.C. As preliminary objection with respect to maintainability of present Appeal from Order is raised, this Court proposes to consider the same first.

3. Few facts are necessary for the purpose of determination of maintainability of present Appeal from Order against impugned judgement, order and decree passed by the learned trial Court:

Respondent Nos.1/1 to 1/6 herein – original plaintiffs instituted Special Civil Suit No.12 of 1983 (old) New No.04 of 2002 in the Court of learned Principal Senior Civil Judge, Deesa against defendants for specific performance of agreement to sale / Sathakat dated 14