PRAKASH GUPTA,J. - (1.) This civil miscellaneous appeal has been filed by the defendant-appellant under Order 43 Rule (1) (r) CPC against the order dated 29.07.2016 passed by the District Judge, Sawai Madhopur in civil miscellaneous application No.27/2015 whereby the court allowed the application filed by the respondent-plaintiff for temporary injunction.
(2.) Brief facts giving rise to this appeal are that the plaintiff-respondent filed a suit for specific performance of contract and for permanent injunction against the defendant-appellant wherein it was stated that the defendant-appellant sold the agricultural land bearing Khasra No.2550 measuring 0.76 Hectare for a consideration of 76 lac and executed an agreement to sell on 27.02.2014. It was also stated that out of the sale consideration, a sum of Rs. 15 lac was paid and subsequently Rs.42 lac was also paid on different dates. In this way, a sum of Rs.57 lac was paid by the plaintiff-defendant. It was also stated that the defendant also executed a power of attorney in favour of the plaintiff. Defendant filed the reply to the application wherein execution of agreement to sell dated 27.02.2014 was admitted and receipt of amount of Rs.15 lacs was also admitted but receipt of rest of the amount was denied.
(3.) After hearing both the parties, learned trial court granted temporary injunction in favour of the respondent-plaintiff in the following terms:- ...[VARNACULAR TEXT UMITTED]... ;