- (1.) The present appeal is directed against the order dated 18/04//2013 passed by the Additional District and Sessions Judge No.11, Jaipur Metro (hereinafter referred to as 'the Trial Court') in Temporary Injunction Application No.66/2012, whereby the Trial Court has dismissed the said application filed by the appellant-plaintiff.
(2.) In the instant case, it appears that the appellant-plaintiff is a registered society, which has filed the suit before the Trial Court seeking specific performance of the agreement dated 01/02/1998 in respect of the suit land allegedly executed by the respondent No.1-Bhaga Devi in favour of the plaintiff-society, and seeking cancellation of the sale deed dated 03/06/2010 executed by the respondent No.1 in favour of the respondent No.2, and the sale deeds dated 07/06/2010 and 14/10/2011 executed by the respondent No.2 in favour of the respondent No.3. The appellant-plaintiff had also filed the application seeking temporary injunction in respect of the lands in question pending the suit, which has been dismissed by the Trial Court vide the impugned order.
(3.) It has been submitted by the learned counsel Mr. Saransh Saini for the appellant that the respondent No.1 had 1/2 share in the suit lands along with the deceased Bhura and Shedi, and that the said respondent No.1 had executed the agreement to sell in favour of the appellant on 1/2/1998. According to the appellant, the mutation having been opened in favour of the respondent No.1 in the year 2007, the appellant was entitled to get the sale deed executed from her, however, the respondent No.1 executed the sale deed in favour of the respondent No.2, and the respondent No.2 entered into sale deed in favour of the respondent No.3, which was illegal. Mr. Saini also submitted that the Trial Court has committed an error in not granting the temporary injunction, which would multiply the further proceedings.;