1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.58 OF 2010 (Mohan Narayan Gundu Vs. Smt. Vijaya Dattatraya Gundu and Ors.) WITH CA NOS.5078/2010 & 13422/2010. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.NC Garud, Adv. for appellant; Mr.VS Bedre, Adv. for Respondent No.12. *** CORAM : K.U.CHANDIWAL ,J. DATE : 19 th November, 2010. ... 1) Heard. 2) Survey No.449 of Mauje Burhannagar is subsequently given Gut No.59/2/B/2. The purchase of said survey number was in the name of father of defendant no.2 also. 3) The learned Judge has observed in paragraph 10 while rejecting the application (Exhibit-42) that the property is not referred in the Counter claim. This is factually incorrect. 4) Mr.Bedre, learned Counsel for defendant no.2 refers to registration of notice in terms of section 52 of the Transfer of Property Act before the learned Registrar at Ahmednagar. Mr. Bedre submits in the light of such 2 registration, there was no need for further clamp of injunction. 5) The grievance of the appellant is, in spite of such lis being registered, hands in relation to the property are surreptitiously alienated and changed and one of the properties has faced such brunt of alienation. This position is not controverted by the contesting respondent. 6) In spite of there being registration of lis, I find that it is a high-time that the respondents herein should be restrained from alienating part of the property bearing Gut No.59/2/B/2 to the extent of rights of the petitioner and to this effect, Exhibit-42, moved in the said suit is allowed. The order of learned Judge dated 15th January, 2010 is set aside. This Court has not made any observations on merits of rights of the parties. 7) With these observations, AO disposed of. No costs. CAs disposed of. (K.U.CHANDIWAL) JUDGE bdv/