S.B. CIVIL MISC. APPEAL NO.285/2010 Shakeela & Ors. Vs. Jakir Hussain. Date of order : 11th March, 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Harish Purohit for the appellant. ------- The only prayer by the learned counsel for the petitioner in this appeal is that while rejecting the application for temporary injunction under Order 39 Rule 1 and 2 C.P.C., the learned court below could have directed the respondent RFC to notify the buyer in auction of the disputed property that same is being done subject to the pendency of the suit filed by the present petitioner-plaintiff. Though it is needless to add that any such transaction during the pendency of the suit is covered by Section 52 of the TP Act by the principles of lis pendense, however, if the RFC considers it appropriate, it may put in auction notice that the present suit is pending in respect of the said suit property. With these observations, this appeal is disposed of. Copy of this judgment be sent to the opposite side and trial court. [ DR. VINEET KOTHARI ], J. item No.6 babulal/