{1} Civil Application No.13976/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.13976 OF 2011 IN FIRST APPEAL NO.1342 OF 2010 Pandhrinath Vikram Ambhore APPLICANT VERSUS Murlidhar Vikram Ambhore & others RESPONDENTS ....... Mr.Vijay Ambhore, Advocate for the applicant Mr.A.S.Sawant, Advocate for R-3 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th December 2011 PER COURT: 1. By the present application, the applicant has prayed interim injunction against respondent No.3, not to create third party interest during the pendency of the present appeal. Heard learned counsel for the respective parties. It appears that the applicant had filed special civil suit No.97/2008 before Civil Judge, Senior Division, Jalna for partition and separate possession so also for declaration in respect of the suit land. The suit was contested by the defendants. Respondent No.1 is the real brother of the applicant while respondent No.2 is the son of respondent No.1 and {2} Civil Application No.13976/2011 respondents No.4 and 5 are sisters of the applicant. It appears that the contention was raised by the contesting respondent in the written statement that there was partition of the ancestral properties and the suit property came to the share of respondents No.1 and 2, who, by registered sale deed sold the same to respondent No.3. It also appears from the evidence on record that the trial court has recorded that there was previous partition of the ancestral properties and respondent No.3 is the bonafide purchaser from respondent No.2. It appears that during the suit, no injunction was running against respondent No.3. It also appears that for the first time such an application seeking injunction is moved before this Court after the suit came to be dismissed on 11.03.2010. Otherwise also, u/s 52 (c) of the Transfer of Property Act, if any alienation is done of the property during the pendency of the suit, the said alienee would not get better right from whom he has purchased the property and he would have to step into the shoes of the party concerned whose rights will be decided in the pending civil suit. In the light of this, I do not find any merit in the application and hence dismissed. [A.V.POTDAR, J.] drp/B11/ca13976-11