GOVERDHAN BARDHAR,J. - (1.) This Misc Appeal under Order 43, Rule 1 (R ) of CPC has been filed against the order dated 28.01.2017 passed by the Additional District Judge, Shrimadhopur in Civil Misc. Case No.40/2014 whereby the application of the plaintiff/appellant for temporary injunction filed Order 39 Rules 1 and 2 CPC has been dismissed.
(2.) The brief facts of the case are that the plaintiff/appellant has filed a suit for specific performance of a contract stating that the the defendant/respondent No.1 who is khatedar-tenant of land comprising in Khasra No.815 measuring 0.82 hectare situated in Village Thoi, Tehsil Srimadhopur got converted 0.20 hectare land from agricultural land to Abadi land out of 0.82 hectare. The plaintiff/appellant further stated that remaining land of 0.62 hectare of khasra No.815/2 was recorded in the revenue record.
(3.) The plaintiff/appellant further stated that the defendant/respondent No.1 had sold her remaining 0.62 hectare of Khasra No.815/2 to him vide agreement to sale dated 29.07.1995 for a sale consideration of Rs. 1,00,000/- and also executed an agreement to sale in his favour and after purchasing the land, the plaintiff is in peaceful possession over the land. The plaintiff/appellant filed an application under Order 39 Rules 1 and 2 CPC for temporary injunction against the defendants/respondents to the effect that respondents shall not interfere with the peaceful possession over the suit land and they may be restrained form dispossessing or alienating the suit land to others in any manner till disposal of the suit.;