1. - The present appeal has been filed by the appellant-defendant under Order 43, Rule 1 of CPC challenging the order dated 19.5.12 passed by the Addl. District & Sessions Judge No.5, Jaipur Mahanagar, Jaipur (hereinafter referred to as 'the trial court') in Civil Misc. Case No. 137/11, whereby the trial court has granted the application of the respondent-plaintiff seeking temporary injunction under Order 39, Rule 1 (r) of CPC.

2. It has been sought to be submitted by the learned counsel for the appellant that the amount received by the appellant from the respondent towards the agreement in question was already refunded to the respondent on 2.5.11 in presence of the witnesses and the agreement in question was cancelled. According to him the order passed by the trial court is unjust and improper.

3. In the instant case, the respondent-plaintiff has filed the suit for specific performance of the agreement dated 12.1.09 in respect of the suit property. The appellant-defendant has not disputed the execution of the said agreement, however, has taken up the contention that subsequently the said agreement was cancelled on 2.5.11 and the amount received by the appellant has been pai