1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.238 OF 2009 Tulji Ramal Vartha .... Appellant Vs. Balvantsinh B. Parmar .... Respondent Ms P.U. Badadare for the Appellant. Shri Sunil i/b M/s. Sunil & Co. for the Respondent. CORAM: R.C. CHAVAN, J. DATED: JULY 08, 2010 P.C: Heard the learned counsel for the parties. This appeal is directed against an order passed by the learned Civil Judge, Senior Division, Dadra & Nagar Haveli, whereby he restrained the applicant/defendant from transferring or alienating the suit property or creating third party lien over the suit property or to change the nature of the suit property. The applicant cannot be aggrieved by the order, because when a suit is pending, Section 52 of the Transfer of Property Act also prescribes that parties to the suit cannot transfer or otherwise deal with the property 2 except under the authority of the Court. Therefore, with the modification that the injunction will operate and it will be permissible for the applicant to alienate or transfer the suit property only after seeking leave of the Court, after giving advance notice to the plaintiff, the appeal is disposed of. (R.C. CHAVAN, J.)