C.R.No.5929 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5929 of 2009 Date of Decision : 14.10.2009 Lal Chand ...Petitioner Versus Raj Kumar ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Ashwani Gaur, Advocate, for the petitioner. HEMANT GUPTA, J. (ORAL) The defendant is in revision aggrieved against the order dated 13.8.2009 passed by the learned first Appellate Court, whereby an application for grant of ad interim injunction to restrain the plaintiff from alienating the suit property was dismissed. The plaintiff-respondent has filed suit for possession in which the defendant has filed a counter-claim seeking partition of the suit property being owner of the same. Aongwith with the counter-claim, the defendant-petitioner also filed an application for seeking ad interim restraint order against the plaintiff from alienating the suit property. Learned trial Court allowed the application, but the learned first Appellate Court dismissed the same. It is well-settled that any alienation during the pendency of lis regarding title is subject to doctrine of lis pendense. Therefore, even if the plaintiff sales any part of the suit property, the same shall not affect the rights of the defendant, if he succeeds in his counter-claim. In view of the above, I do not find any patent illegality or irregularity in the order passed by the learned first Appellate Court, C.R.No.5929 of 2009 2 which may warrant interference by this Court in the present revision petition. Dismissed. 14.10.2009 (HEMANT GUPTA) Vimal JUDGE