IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.248 of 2009 Date of decision : July 27, 2010 Kartar Singh and others …Petitioners. Versus Ashwani Kumar and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. R.K. Gautam, Senior Advocate, with Mr. Vikrant Chandel, Advocate. For the Respondents : Mr. Ajay Sharma, Advocate. Surjit Singh, J (Oral) Petitioners have filed a suit, challenging a Will executed by one Nidhu in favour defendants-respondents. Petitioners’ plea is that Nidhu (deceased) was their ancestor and, on account of they being his descendents have inherited the suit property. Defendants-respondents are alleged to have propounded a Will of said Nidhu, which, according to them (the petitioners), is not validly executed. They also filed an application, under Order 39 Rules 1 and 2 of the Code of Civil Procedure, seeking a restraint order against the defendants, to the effect that the property shall not be alienated, during the pendency of the suit and its nature shall also not be changed. That application was dismissed by the trial Court. Appeal filed against that order Whether reporters of the local papers may be allowed to see the judgment? …2… by the petitioners also stands dismissed by the District Judge. 2. I have heard the learned counsel for the parties and gone through the record. 3. Alienation, if made by the defendants- respondents, shall be subject to the doctrine of lis pendens, enshrined in Section 52 of the Transfer of Property Act. Therefore, the petition is disposed of with the order that if any transfer is made by the defendants-respondents, during the pendency of the suit, a specific mention shall be made in the deed of conveyance that litigation is pending, in which title of the defendants-respondents is subject to adjudication and the transfer is subject to the result of such litigation. Petition stands disposed of. Pending application(s), if any, also stand disposed of, in view of the disposal of the main petition. July 27, 2010(sd) ( Surjit Singh ), J