PUSHPENDRA SINGH BHATI,J. - (1.) These writ petitions under Articles 226 and 227 of the Constitution of India have been preferred, claiming, in sum and substance, the following reliefs:- "It is, therefore, humbly prayed that order dated 19.03.2015 annexure 11 passed by the learned Trial Court in the Civil Original Suit No.110/2008 (Surendra Singh v. Sulochana) pending before Additional District Judge No.3, Jodhpur may kindly be quashed and set aside. Application filed by the petitioner-plaintiff under section 151 CPC dated 26.02.2015 may kindly be allowed and original agreement to sale be return to the petitioner-plaintiff. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Since the chronology of events and the cause of action in both the writ petitions is common, therefore, they have been heard together and are being decided by this common order.
(3.) Learned counsel for the petitioner states that the petitioner-plaintiff filed a suit for specific performance of contract and perpetual injunction against the respondent-defendant on 10.10.2008. The contention in the suit was that on 24.04.2008, an oral agreement was reached between the parties, and accordingly, an agreement to sale was executed on 25.04.2008. The respondent-defendant denied the averments, and also refuted the factum of execution of the agreement to sale.;