Bela M. Trivedi, J. - (1.) THE present appeal filed under Order XLIII Rule 1(r) of CPC is directed against the impugned order dated 1.6.07 passed by the Addl. District Judge, Behror, District Alwar (hereinafter referred to as 'the trial court') in Civil Misc. Case No. 134/05, whereby the trial court has dismissed the application of the appellants -plaintiffs filed under Order XXXIX Rule 1 and 2 of CPC. In the instant case it appears that the appellants -plaintiffs have filed the suit seeking specific performance of the agreement dated 6.9.95 and had filed an application for temporary injunction under Order XIII Rule 1 and 2 of CPC. The said application has been dismissed by the trial court vide the impugned order.
(2.) IT has been submitted by the learned counsel Mr. Ajay Tantia for the appellants that the impugned order passed by the trial court suffers from the illegality as the appellants were in possession of the suit property which was subsequently acquired by the RIICO and after acquisition also the appellants are in possession of the same. The court does not find any substance in the said submission. The trial court has also not believed the prima facie case of the appellants -plaintiffs and observed that the RIICO is in possession of the suit property. The learned counsel for the appellants has failed to point out any illegality or infirmity in the impugned order. It is pertinent to note that since the passing of the impugned order till this date, no attempt appears to have been made by the appellant to get the appeal heard. Hence, the present appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.;