1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2814 of 2008 IN FIRST APPEAL NO. 2531 of 2007 Narsing Ramling Gatlewar .. Appellant versus Venkatesh Ramling Gatlewar & ors. .. Respondents ... Mr.A.M. Joshi for the appellant. Mr.V.B. Tapkir for respondent no.1. CORAM : D.G. KARNIK, J DATED : 3rd October 2008 P.C.: 1. Heard. 2. This application is filed by the applicant restraining the respondent from creating any third party interest in respect of part of the suit property. In the suit was for partition, a 2 preliminary decree for partition has been passed. Under section 6 of the Transfer of Property Act, every owner of property is entitled to transfer his share in the property. Hence, no injunction can be granted against sale of the respondent’s share by him. However, purchaser cannot be put in actual possession of the property till the partition is effected by metes and bounds. Hence, I pass the following order:- 3. Application is partly allowed. Though the respondent can sell his interest in the suit property he shall not part with the possession of any part of suit property till the disposal of the appeal. 4. Civil Application is disposed of. (D.G. KARNIK, J)