abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1031 of 2008 IN SUIT NO. 741 of 2008 Gayatri Prabhu .. Plaintiff V/s Manjula Singh .. Defendant Mr.P.D. Prasad Rao for the Plaintiff, in support. Mr.A.C. Singh i/b Mr.D.R. Shah for the Defendant. CORAM : D.G. KARNIK, J. DATE : 16TH APRIL 2008 P.C. P.C. P.C. : 1. Heard. 2. By this motion, the plaintiff seeks an injunction restraining the defendant from selling, alienating or transferring the suit flat, more particularly described in prayer (b) of the plaint. 3. By a Memorandum of Understanding dated 11th May 2005, the defendant agreed to sell to the plaintiff the - 2 - suit flat for a total consideration of Rs.14,29,000/-. The plaintiff paid to the defendant a sum of Rs.1,00,000/- at the time of executing the Memorandum of Understanding and the balance consideration of Rs.13,29,000/- was to be paid on or before 31st August 2005 upon the defendant delivering vacant possession to the plaintiff. By a telegram dated 14th November 2005, the defendant purported to terminate the agreement for sale. According to the plaintiff, the termination is illegal and contrary to the terms of the Memorandum of Understanding. The plaintiff has therefore filed the suit for specific performance of the agreement. 4. The plaintiff prays for an injunction restraining the defendant from selling, alienating or transferring the suit flat. The question whether the agreement has been validly terminated and whether the plaintiff is entitled to the relief of specific performance can only be determined at the stage of trial. Grant of absolute injunction restraining the sale of the flat would prejudicially affect the defendant inasmuch as if the plaintiff ultimately fails in the suit, the defendant may suffer irreparable loss as he would be unnecessarily prevented from disposing of her own property. Learned counsel for the defendant submitted that she was willing to sell the flat subject to the result of the litigation and put the purchaser on - 3 - notice by inserting a term in the agreement that the sale was subject to the result of the litigation. This would be a protection in addition to the protection available to the plaintiff under section 52 of the Transfer of Properties Act. In my view, if such a condition is put, that would balance the convenience. In the circumstances, I pass the following order. 5. The defendant is restrained from selling the flat to any third person without putting the purchaser to the notice of the present litigation. In the event of any sale/agreement to sell, the defendant shall disclose to the purchaser that the present suit for specific performance is pending and insert/impose a condition on the buyer that the buyer would be bound by the ultimate result of the litigation. 6. Motion is disposed of. (D.G. KARNIK, J.)