JUDGMENT :

MADAN GOPAL VYAS, J.

1. The present miscellaneous appeal has been filed under Order 43, Rule (1)(r) CPC against the order dated 10.07.2023 passed by the learned District Judge, Churu (hereinafter referred to as the learned Trial Court) in Civil Misc. Case No. 10/2023 whereby the learned trial court rejected the application filed by the plaintiff-appellant under Order 39 Rule 1 and 2 of the CPC.

2. Briefly stated facts of the case are that the plaintiff-appellant filed a suit for specific performance of contract dated 13.5.2023 and permanent injunction. In the suit it was claimed that the plaintiff-appellant executed an agreement to sale dated 13.5.2023 with the defendants-respondents nos. 1 and 2 with respect to their share of land to the extent of 1/444 each situated at Khasra No. 226 and 227 as mentioned in Para No. 2 of the temporary injuncation application (hereinafter referred to as the suit property for short) for a consideration of Rs. 5 lacs, out of which Rs. 2 lacs were given as advance and the remaining amount of Rs. 3 lacs was to be given within 15 days. It was claimed that the said agreement to sale was executed on 500/- rupees stamp paper and two witnesses Mohs