1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.9488 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.R.M.Haridas i/by. Mr.P.N.Joshi for the petitioners. CORAM : ANOOP V. MOHTA, J. DATED : 18.11.2008 P.C. This court has issued notice to see whether the parties can settle the matter being the members of the same family. The main dispute is about the partition of the property. However, it is reported that the settlement is not possible. Pending the suit, on application filed by the plaintiff the court has granted injunction order against defendants 2 to 9 restraining them from handing over possession of the suit property on 2 the basis of sale-deed dated 7.6.2006 to defendant no.1 till the final decision of the suit, on a foundation of averments in the existing suit and the nature of the suit. There is no dispute about the relationship and the nature of the proceedings. The suit property is joint family property. The suit property is not yet partitioned. Therefore, undetermined share, as transfer, without the consent of the others and the plaintiffs are not yet ready to give the said consent, the court has rightly come to the conclusion that the plaintiff had made out a prima facie case; balance of convenience likes in heir favour and they will suffer irreparable loss. In the result, the appeal preferred by the petitioner is therefore rightly dismissed. There is no change of circumstances. Taking all this into account, I see there is no perversity in the 3 impugned order. It is within the frame work of law and record. The petition is therefore dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]