OM PRAKASH Vs. SUDI BAI

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has called in question, the order dated 2.7.2019, passed by the learned Addl. District Judge No.3, Udaipur (hereinafter referred to as the learned trial court), vide which petitioner's application dated 28.5.2019, filed under Order VIII Rule 9 of the Code of Civil Procedure has been rejected.

(2.) Narrated in brief, the facts of the present case are that the petitioner herein had field a suit for specific performance against defendant- respondent herein, with an assertion that she had executed the sale deed dated 3.10.2018, made her thumb impression thereupon, but however, she refused to get it registered subsequently. Alongwith the said suit, an application for grant of temporary injunction was also filed.

(3.) In response to the petitioner's application, the defendant filed a reply and while denying the averments made in the application, she stated that the sale deed in question was not executed by her and that the deed she executed, wast meant for some agricultural land.