VIRENDRA KUMAR MATHUR, J.

1. This Civil Misc. Appeal under Order 43 Rule 1 CPC has been filed against the order dated 28.01.2017 passed by the learned Additional District Judge, Kherwara in Civil Misc. Case No. 40/2016.

2. Briefly stated, a suit was filed by the appellant for specific performance of contract and permanent injunction along with an application for temporary injunction stating that the respondent is holding a mining lease near village Nayagaon, Tehsil Simalwada, District Dungarpur for an area measuring 10,000 square meter, which stands renewed up to 05.02.2022 It was submitted that the respondent made an application before Mining Engineer, Dungarpur and the said mining lease was transferred vide order dated 17.12.2012 and the rider agreement was executed and registered on 19.12.2012 It was stated that the appellant had invested crores of rupees for development of the mining lease area by deploying latest machineries, by raising loans from financial institutions, however, the sanction for transfer of mining lease and rider agreement were canceled by the State Government on the ground that in the various land mining lease could not be transferred without prior p