1 AO No.1254/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1254 of 2009 Shri Rajaram Narayan Dighe ... Appellant versus Shri Babu Narayan Dighe & ors. ... Respondents ... Mr.Pramod J. Pawar for the appellant Mr.J. Shekhar i/b M/s.J.Shekhar & Co. for the respondents CORAM : D.G. KARNIK, J DATED : 15th November 2010 P.C. 1. Heard both sides. 2. In a suit for partition, the appellant (original plaintiff) filed an application for injunction restraining the respondents from alienating the property. The present appeal is directed against the order rejecting the application. The defence of the respondents is that there has been an oral partition and the suit properties are allotted to their share. In such circumstances, injunction cannot be granted. The petitioner is free to register a notice of lis pendence and claim protection u/s.52 of the Transfer of Properties Act. With this observation, appeal is disposed of. (D.G.KARNIK, J)