IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL MISC. APPEAL NO.1014/2008 Pramod Kumar. Vs. Narayan. 28.5.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri R.K. Mathur, for the appellant. Shri Manu Bhargava, for the respondent. This is a plaintiff's appeal against the order dated 25.2.2008 by which the application filed by the plaintiff appellant under order 39 rule 1 and 2 C.P.C., for grant of temporary injunction has been dismissed. The plaintiff filed a suit for specific performance of the agreement for sale dated 18.1.2006 in respect of agricultural land. The defendant respondent is the recorded khatedar. The defendant was also as per the plaint averments in cultivatory possession of the land in dispute. The defendant respondent has denied the plaint's averments about entering into the alleged agreement for sale or the execution of the receipt of Rs.1 lac as alleged in the plaint. The learned trial court has taken into consideration the facts that the defendant respondent is admittedly in cultivatory possession and therefore so far as the aspect of the possession is concerned the same cannot be disputed. Regarding the prayer to restrain the defendant from alienating the property in dispute is concerned the learned trial court came to the conclusion that the provisions contained in Section 52 of the Transfer of Properties Act safeguards the rights of the plaintiffs as any transfer made during the pendency of the suit would be subject to the decision and out come of the suit. I have heard the learned counsel for the parties, I am of the view that in the facts and circumstances of the present case the impugned order does not call for any interference the as interest of the plaintiff appellant is amply protected by the learned trial court by the impugned order so far as any transfer pendente lite is concerned. The appeal as well as the stay application are dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS