SUNIL KUMAR POKHARANA Vs. BASANT KUMAR SURANA

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-original plaintiff challenging the order dated 24.7.2009, passed by the Additional District Judge No. 1, Ajmer, in Civil Misc. Application No. 79/08, filed by the appellant under Or. XXXIX R. 1 & 2 of C.P.C. whereby the Trial Court has dismissed the application of the appellant-plaintiff.

(2.) THE short facts giving rise to the present appeal are that the appellant plaintiff has filed the suit before the Trial Court seeking specific performance of the agreement dated 15.7.1999, executed by respondent-defendant in -favour of the appellant-plaintiff in respect of the suit property. As per the case of the appellant-plaintiff, the said suit property was agreed to be sold for Rs.5 lacs,out of which the appellant had paid Rs.1 lac and the balance amount was to be paid within six months, however, the appellant-plaintiff did not pay the said amount as there was litigation pending between the respondent defendant and others as regards the Khatedari rights of the respondent-defendant. THE appellant plaintiff thereafter filed the suit seeking specific performance of the said agreement in the year 2008 and also filed application seeking temporary injunction under Or. XXXIX R.1and 2 of C.P.C. THE said application has been dismissed by the Trial Court, against which the appellant has preferred the present appeal under Or. XXXIX R. 1 and 2 of C.P.C.