THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.820 of 2009 17th August 2009 Between: Smt.Anuradha @ Laxmi, W/o.Sri Jitender Reddy, D/o.N.Baggi Reddy, 30 years, Occ.Household, R/o.h.No.31-1, Near Sri Satya Sai Enclave, Military Dairy Forum,Post Manileshwari Nagar, Secunderabad-9. …APPELLANT AND 1. Smt.N.Kamalamma, W/o.N.Baggi Reddy, 52 years, Occ.House Wife, R/o.Gundla Pochampally Village, Medchal Mandal, R.R.District. And nine others. …RESPONDENTS THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.820 of 2009 JUDGMENT: The petitioner filed O.S.No.2025 of 2008 in the Court of the Principal Senior Civil Judge, Ranga Reddy District, for the relief of partition and separate possession of the suit schedule property. She also filed I.A.No.2981 of 2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, with a prayer to restrain respondents 9 and 10, defendants 9 and 10 in the suit, from alienating the suit schedule property. The I.A. was contested by the respondents. Through order dated 22.04.2009, the trial Court dismissed the I.A. Hence, the Civil Miscellaneous Appeal. Heard the learned counsel for the appellant and the learned counsel for the contesting respondents. Even if the claim made by the appellant is accepted by the trial Court, she would be entitled to a small share of land in the suit schedule property. It is represented that the suit schedule property was sold very long ago, that too, in favour of a member of the family and thereafter, it has changed hands. The trial Court has assigned cogent reasons, while dismissing the I.A. This Court is not inclined to take a different view. However, the interest of the parties needs to be protected at least in the context of ensuring of the consequences that flow from operation of Section 52 of the Transfer of Property Act, 1882. Hence, the Civil Miscellaneous Appeal is disposed of, upholding the order under appeal, but directing that (a) In case respondents 9 and 10 alienate any portion of the suit schedule property, it shall be subject to the outcome of the suit; and (b) Respondents 9 and 10 shall furnish toappellants, the particulars of the purchasers and make a specific mention in the sale deed about the pendency of the suit. _____________________ (L.NARASIMHA REDDY, J) 17th August 2009 RRB