(1.) Though the matter is listed in the fresh category however, on joint request of the counsel for the parties, the matter is being heard today itself.
(2.) This writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers:-
(3.) Brief facts of the case are that the performa respondent No.4-plaintiff preferred a suit for Specific performance of contract, cancellation of gift deed and for Perpetual Injunction against the Respondent-defendants on the ground that respondent No.1 possessed an agricultural land at khasra No. 121 admeasuring 14 bigha 1 biswa, Khasra No. 121 /1 admeasuring 3 bigha 12 biswa, khasra No. 122 admeasuring 17 bigha 19 biswa and Khasra No. 122/1 admeasuring 12 bigha and total land being 47 Bigha 12 biswa at Chak-1, Patwar Mandal Jajiwal, Tehsil and district Jodhpur which the respondent agreed to sell the aforementioned land in dispute to the petitioner through an agreement dtd. 15/7/2021 for consideration of an amount of rupees 90 lacs. Thereafter, in pursuance of the same, the plaintiff requested the respondent No. 1 to to execute the sale deed which was denied by the respondent No.1 and thus, the plaintiff preferred the aforementioned suit (Annex.1).