1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5106 OF 2008 IN FIRST APPEAL NO. 1934 of 2008 Dhiren Modi .. Appellant versus Damyanti A. Modi & Anr. .. Respondents ... Mr.N. Pandit with Ms.Nidhi Singh i/b Joy Legal Consultants for the appellant. Mr.Dipen Merchant with Mr.Chirag Shah i/b V.N. Shirgurpurkar for the respondents. CORAM : D.G. KARNIK, J DATED : 18th November 2008 P.C.: 1. Heard. 2. By this application, the applicant prays for an injunction restraining the respondents from 2 selling the suit flat. According to the applicant, suit flat is jointly owned by him and respondent no.1. Since respondent no.1 is not the sole owner he should be prevented from selling the suit flat. 3. The trial court has held against the applicant and has held that applicant does not have a share in the flat. Assuming however that applicant has a share in the flat, respondent no.1 admittedly has a share in the flat. Under section 6 of the Transfer of Property Act, that share can always be transferred. Respondent no.1, therefore, cannot be prevented from selling or transferring her share in the flat. 4. On being asked, learned counsel for the applicant stated that the value of the flat is Rs.30 lakhs. On being further asked whether the applicant is willing to furnish a security in the sum of Rs.30 lakhs to prevent the respondent no.1 from selling the suit flat, counsel for the applicant, on instructions of the applicant who is present in person in the court, states that the applicant is unable to furnish security for the value of the flat being Rs.30 lakhs. 5. If the respondent is restrained from selling the suit flat and price of the property falls, as 3 they are falling today, respondent is likely to suffer a loss which cannot be compensated in the absence of security. Hence, in my view, also injunction cannot be granted. Accordingly, the application is rejected. 6. It is however directed that if the applicant wishes to transfer whatever share she has in the suit flat she shall disclose in the deed of transfer and/or agreement of transfer the pendency of the present litigation. The transfer would also be subject to section 52 of the Transfer of Property Act. 7. With these observations, application is dismissed. (D.G. KARNIK, J)