Vineet Kothari, J. - (1.) The present Misc. Appeal has been filed under Order 43, Rule 1 (r) read with Section 151 of the Code of Civil Procedure by the appellants-plaintiffs in a suit for cancellation of the sale deed against the order dated 13.05.2015 passed by the learned Additional District Judge, Nimbahera, District Chittorgarh in Civil Misc. Case No.115/2014 "Smt. Manju & Ors. v. Ranjeet Singh & Ors. " by which, the learned Trial Court had dismissed the application filed by the appellants under Order 39, Rule 1 and 2 of the Code of Civil Procedure.
(2.) The suit aforesaid seeking cancellation of the sale-deed was filed in relation to the 15 biswas of agricultural land and the sale-deed was executed by the appellant No.1-plaintiff Smt. Manju Devi W/o late Bheru Lal Sharma in favour of the respondent No.1-defendant-Ranjeet Singh S/o Abhay Singh. The said sale-deed is said to have been executed on 30.08.2011 whereas, the present suit for cancellation of the same, has been filed in the year 2014, on 02.08.2014, approximately after three years.
(3.) The learned counsel Mr. Nitin Trivedi appearing for the appellants-plaintiffs submitted that the sale-deed dated 30.08.2011 is forged and no consideration was received by the plaintiffs-appellants and the defendant-Ranjeet Singh came on the land in question threatening the present appellants to further execute sale deed in respect of 15 biswas of land in favour of third parties and wanted to take forcible possession of the land in question, the appellant-plaintiff Smt. Manju came to know of the sale-deed dated 30.08.2011 and, therefore, the present suit for cancellation of the sale deed was filed. The learned counsel also submitted that in the circumstances of the case, the learned Trial Court has wholly erred in rejecting the temporary injunction application filed by the plaintiffs-appellants and, therefore, the impugned order dated 13.05.2015 deserves to be quashed and set aside.;