(1.) Captioned appeal is directed against the judgment dtd. 18/3/2000 (hereinafter referred to as "the impugned judgment) passed in Special Civil Suit of 176 of 1991 (hereinafter referred to as "the Civil Suit"). Special Civil Suit no.176 of 1991 was preferred by the appellants-original plaintiffs seeking decree for specific performance of the agreement to sell dtd. 1/6/1989 (hereinafter referred to as "the agreement to sell") executed by the original defendants in favour of the appellants-original plaintiffs of the land bearing survey no. 301/4, block no. 403 admeasuring 11011 sq. yards i.e. 9206 sq. mtrs. (hereinafter referred to as "the land in question"). Regular Civil Suit No. 399 of 1990 was previously filed by the appellants-original plaintiffs, inter alia, praying for permanent injunction restraining the defendants or their agents from transferring the land in question to third party except the plaintiffs.
(2.) Special Civil Suit no.176 of 1991 was partly allowed and the plaintiffs were declared entitled to recover an amount of Rs.1,66,102.00 from the defendants together with interest while Regular Civil Suit no.399 of 1990 was ordered to be dismissed with cost. Being aggrieved by the impugned judgment to the extent of the dismissal of the Special Civil Suit no.176 of 1991, the appellants-original plaintiffs have preferred the captioned appeal. For the sake of convenience, the parties herein are referred to as per their status in the Civil Suit.
(3.) Pertinently, the captioned appeal is filed challenging the judgment to the extent to which the Special Civil Suit no. 176 of 1991 is dismissed; however, no appeal is preferred against the dismissal of Regular Civil Suit no. 399 of 1990. In view of the above, preliminary objections are raised as regard maintainability of the captioned appeal by and on behalf of the original defendants.