ARUN BHANSALI,J. - (1.) This appeal is directed against the order dated 13.1.2017 passed by the Additional District Judge No. 5, Jodhpur Metropolitan, Jodhpur ('the Tribunal'), whereby, the application filed by the respondent-plaintiff under Order 39, Rule 1 and 2 CPC has been allowed and the appellant has been restrained from transferring the suit property and a direction to maintain status quo has been granted.
(2.) A suit for cancellation of sale deed dated 24.6.2016, was filed by the respondent-plaintiff, inter alia, with the averments that on 24.6.2016, the parties had entered into an agreement for exchange of properties belonging to the plaintiff and defendant respectively. However, in the garb of executing the documents pertaining to the said exchange, the sale deed of the plot belonging to the plaintiff was fraudulently got executed. Based on the said allegations, the cancellation of the sale deed was sought.
(3.) Along with the suit an application under Order 39, Rule 1 and 2 CPC was filed seeking a direction to the defendant to maintain status quo regarding the suit property and not to transfer the same during pendency of the suit.;