FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders WRIT PETITION NO. 8317 OF 2011 RAMKRUSHNA GANPAT PADOLE AND ORS VERSUS ANAND GANPAT PADOLE AND ANR ... Advocate for Petitioners : Mr. Jadhavar Santosh S. Adv V B Munot For 1 And 2 ... CORAM : S V GANGAPURWALA, J. Dated: November 21, 2011 ... PER COURT :- 1. Heard Mr. Jadhavar learned counsel for the petitioners and Mr. Munot learned counsel for respondent nos. 1 and 2. 2. Mr. Jadhavar learned counsel for the petitioners on instructions of the petitioners submits that petitioner would press the present petition only to the extent of the relief that the respondents shall not alienate and create third party interest and would not press in respect of other reliefs. 3. Mr. Munot learned counsel for the respondents even opposed the petition for the grant of relief of injunction, restraining the respondents from alienating and creating third party interest. Learned counsel Mr. Munot submits that Section 52 of the Transfer of Property Act takes care of such & eventualities. Moreover, petitioners do not have right title or interest in respect of the property and as such, the respondents cannot be restrained from exercising their ownership rights over the suit property by restraining them FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders from alienating the property. The court below has considered this aspect and has rightly passed the order. 4. With the assistance of learned counsel for respective parties, I have gone through the orders. As the petitioners have limited their prayer to the extent of an injunction restraining the respondents from alienating and creating third party interest, I am not required to consider the other points about factum of possession. 5. There are rival contentions and rival issues between the parties. No doubt, Section 52 of the Transfer of Property Act would operate, but then, with a view of avoid the multiplicity so also, to avoid further complications that may arise, considering the fact that there are rival contentions and triable issues, it would be in fitness of things to safeguard the property during the pendency of lis. 6. In view of above, present Writ Petiiton is disposed of. The present respondents shall not alienate, create third party interest in respect of the suit property, till the disposal of the suit i.e. R.C.S.No.229/2011. The trial court shall decide RCS No.229/2011 expeditiously and preferebly within a period of NINE (09) MONTHS from today. No costs. ( S V GANGAPURWALA, J. ) aaa/- ...