JUDGMENT

1. This appeal has been filed by the appellant/plaintiff under Order 43 Rule 1(R) of the Civil Procedure Code against the order dated 12.05.2023, passed in Case No. RCSA/177/2023 by 20th District Judge, Indore whereby the appellant/plaintiff's application filed under Order 39 Rule 1 & 2 of CPC has been rejected.

2. The brief facts of the case are that the appellant-plaintiff has filed a suit for declaration, permanent injunction and specific performance of contract against the respondents. The application for temporary injunction filed in this suit has been rejected as aforesaid and hence this appeal.

3. The case of the plaintiff is that it entered into an agreement to sale dated 23.10.2020, in respect of the land situated at village Mirjapur, Tehsil & Dist. Indore with the respondents No. 1-6, and prior to that a Sauda Pavati was also executed on 29.09.2018, with the respondent No.1 only. The total consideration was Rs.3,51,90,000/-, out of which the appellant has already paid a sum of Rs.53,89,900/-.

4. The plaintiff has filed the suit on 03.02.2023, whereas the respondents No. 1-6 have sold the aforesaid land to respondent No.8 on 28.02.2023 i.e., immediately after filing o