1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.14304 OF 2010 IN S.A.NO.214 OF 2005. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 11.03.2011. 1. Heard. 2. This is an application seeking injunction against the present non-applicant No.1 from creating any third party interest in respect of the suit property bearing S.No.99/B/1, admeasuring 1 acre 20 gunthas. Mr.Dalal, learned counsel for the applicant states that if the Respondent is successful in alienating the said property then the same would create multiplicity of litigation. It would be in the fitness of things to safeguard the property. 3. Mr.Katneshwarkar, learned counsel for 2 the non-applicant No.1 submits that there is no dispute as far as ownership of the non-applicant No.1 over the said property. Even the present applicant has admitted in his written statement this fact that dispute is only in respect of boundary. As such the present non-applicant may not be restrained from exercising his rights of ownership. The present non-applicant requires amount for the treatment of his son who is suffering from brain tumour. 4. No doubt, if a dispute in respect of the property exist, the property is to be safeguarded but taking into consideration the nature of pleadings, I do not intend to restrain the non- applicant No.1 from dealing with the property. At the same time, if the non-applicant No.1 seeks to alienating or create third party interest then the non-applicant No.1 shall intimate the said purchaser about the pendency of the present dispute and the purchaser shall be bound by the orders which are passed in the present proceedings. 5. The Civil Application is disposed of with 3 aforesaid observations. (S.V.GANGAPURWALA,J.) Dt.11.03.2011. asp/office/Ca14304.10