DEVI SINGH Vs. MAHESH

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1 CPC is directed against the order dated 06.12.2001 passed by the Additional District Judge, Dholpur (for short 'the Appellate Court'), whereby the Appellate Court while partly allowing the appeal filed by the plaintiff - respondent, restrained the defendant -appellants from alienating or transferring the land bearing Khasra Nos. 231 and 232 measuring 5 Bighas 14 Biswas situated at Village Sanda, Tehsil Dholpur, which is subject matter of the suit for specific performance of contract.

(2.) I have heard counsel for the appellants and perused the order impugned.

(3.) IN the circumstances, therefore, in my view the Appellate Court was justified in restraining the defendant -appellants from alienating or transferring the subject land which is subject matter of the suit.