1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. APPEAL AGAINST ORDER NO. 6 OF 2008 (Shri Narkesari Prakashan Ltd. .v. Chandrashekhar Wamanrao Dange) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Rohit Deo, Advocate for the appellant. Shri S.P. Kshirsagar, Advocate for the respondent. CORAM : B.R. GAVAI, J. 4TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present appeal, the appellant challenges the order dated 3rd November, 2007 which continues an order of restraint against the present appellant from alienating or transferring the suit property. The plaintiff/respondent has filed a suit for declaration and permanent injunction claiming that his father was a tenant of the suit premises admeasuring 369 sq.ft. in a plot owned by the present appellant. The suit is dismissed, against which, an appeal is filed. In an appeal, an application under Order 39 Rules 1 and 2 came to be filed. In the said application, an order came to be passed on 5th September, 2007 restraining the 2 present appellant from alienating or transferring 6400 sq.ft. portion on the northern side of the plot. The same is continued by the impugned order. Hence, the present appeal. Admittedly, the claim of the plaintiff is only for 369 sq.ft. of the land. It is also not in dispute that the respondent/plaintiff is not in a possession of the suit land. In that view of the matter, I find that the interest of justice would be met by passing following order. The order of restraint dated 5th September, 2007, which is continued on 3rd November, 2007, is quashed and set aside. It is further directed that the appellant shall notify the proposed purchaser that the said alienation would be subject to the rights of the present respondent/plaintiff that may be decided in the appeal. The appeal filed by the respondent/plaintiff is expedited and the learned appellate Court is directed to decide the same as far as possible within a period of six months from today. JUDGE *rrg.