1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2952 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 2952 OF 2011 *** 1. Heard Mr. Sonpethkar, Advocate for the Petitioner. The petitioner/ plaintiff claimed temporary injunction to restrain Respondent/ plaintiff from creating any third party interest. Trial Court as also Appellate Court rejected it. 2. Before this Court, learned counsel points out that effort to sale property is apparent from paper advertisement dated 1st October, 2009 issued at the instance of present Respondent by her Advocate. It is further urged that plaint in Regular Civil Suit No.869 of 1990 claiming declaration that present respondent is heir of deceased Gafoor Ali has been dismissed and counter claim of father of present petitioner has been decreed. It has been held that father along 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2952 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. with other defendants therein is one of the heirs of deceased Gafoor Ali S/o Fazal Ali. 3. The learned counsel contends that in such circumstances if property is permitted to be disposed of irreparable loss will be caused to the petitioner/ plaintiff. 4. Shri Ameya Bhatta holding for Advocate Shri L. D. Vakil supports the impugned order. 5. Impugned orders are concurrent. All relevant aspects are looked into and thereafter the Court has noticed that in any case provisions of section 52 of Transfer of Properties Act are sufficient to protect the interest of the present petitioner. During arguments, counsel for the petitioner has stated that appropriate objection to public notice dated 1st October, 2009 is already raised by the petitioner. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2952 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 6. I do not see any jurisdictional error or perversity. Hence, petition is rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:20/04/2011. ans/2952