1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.8944/2007 In First Appeal No.1059/2007 [Smt. Anju w/o Santosh Saxena .vrs. Smt. Durga wd/o Pankaj Johri and others] ........................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................... Mr. R.D. Bhuibhar, Advocate for the appellant, Mr. A.M. Ghare, Advocate for the respondents. .......... CORAM : K.J. ROHEE & R.C. CHAVAN, JJ. DATED : FEBRUARY 27, 2008. 1. Heard the learned counsel for the parties. 2. The appellant is the daughter of respondent no.1 Durga and sister of respondent no.2 Payal and respondent no.3 Akash. The appellant is married. She instituted a suit against the respondents for partition. According to her, her father deceased Pankaj left behind him self acquired property. The defence raised by respondent no.1 was that her husband bequeathed the property to her by will-deed dated 8.2.1998. It seems that during the pendency of the suit a bungalow 2 and flat was sold by respondent no.1 and now a flat and residential flat remains. The prayer of the appellant is that respondent no.1 should be restrained from selling the suit property during the pendency of the appeal. It may be noted that the trial Court rejected the prayer of the appellant for restraining respondent no.1 from selling the property. The suit also came to be dismissed by the trial Court. It may be noted that whatever property is sold by respondent no. 1 during the pendency of the suit, the purchasers purchased it at their own risk and principle of lis pendence would take care of it. In view of this, we are not inclined to entertain the prayer of the appellant for restraining respondent no.1 to dispose of the property. The application is rejected. 3. Await service of respondent no.2. JUDGE JUDGE asg