IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 4.4.2008. S.B. CIVIL MISC. APPEAL HO.1381/2008 Ram Singh Vs.Prabhati & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri S.S. Sunda } Shri R.P.Singh }, for the appellant. Heard learned counsel for the appellant. By the impugned order dated 7.3.2008. The learned trial court has dismissed the application filed under order 39 rules 1 and 2 by the plaintiff appellant in suit for specific performance of the agreement for sale dated 15.6.1998 I have gone through the impugned order I find that the learned trial court has recorded a finding that the suit has been filed after considerable delay and that part of the property has already been sold by the registered sale deed dated 26.4.2003 but the suit was not filed till 2006 and further that the material on record does not substantiate that the plaintiff is in possession. In view of the above the learned trial court came to be conclusion that there was no prima facie case in favour of the plaintiff appellant. In view of the above I am not inclined to interfere with the impugned order. Suffice it to say that if any transactions take place during the pendency of the suit the same shall be subject to lis pendence. This misc. appeal as well as the stay application are dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS