2.1 The respondent no. 1 and 2 had instituted Special Civil Suit No. 578 of 2012, in the court of Senior Civil Judge, Surat. The copy of the plaint is annexed with the petition at Annexure (A). Reading of the plaint suggests that, it was a case of the respondents no.1 and 2 – original plaintiffs that they were constrained to approach the court seeking specific performance of an agreement to sell dated 31.03.2009, which according to the plaintiffs was entered into between them and the defendant no.1. In the plaint, it was a case of the respondents no. 1 and 2 - original plaintiffs, that for a land bearing Survey No. 292, which was owned by the petitioners ( defendant nos. 2 to 10), the defendant nos. 2 to 10 had executed an agreement to sell on 14.08.2007 in favour of defendant no. 1 – respondent no. 3 herein. The agreement was produced on record at Mark 3/12. According to the plaintiffs, the present petitioners had in turn sold the part of the land to the defendant no.1. So, defendant no.1 had by virtue of the agreement to sell on 14.08.2007, become the owner of the parcel of land, which in turn defendant no.1