JUDGMENT :

Rekha Borana, J.

1. The present appeal has been preferred by the appellant-defendant against the order dated 25.05.2023 passed by the Additional District Judge, Makrana in Civil Misc. Case No.13/2023 (CIS No.13/2023) whereby, the application under Order 39 Rules 1 & 2, CPC as preferred by the respondent-plaintiff had been allowed.

Vide the impugned order, the learned Trial Court restrained the appellant-defendant from shifting and selling the stone excavated from the mine in question as per the choice of the respondent-plaintiff to the extent of valuation of Rs.1,19,74,254/-.

2. Learned counsel for the appellant submitted that vide the order impugned, the learned Trial Court has virtually decreed the suit as it has granted the relief as prayed for in the suit.

Counsel, at the inception, while denying the execution of any agreement by the defendant submitted that the learned Trial Court totally ignored the fact that the present was a suit for specific performance of contract and as was clear on record, the contract/ agreement in question itself was not a valid contract which could have been enforced. When the agreement itself was not enforceable in terms of law, no interim rel