1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5870 of 2007 IN FIRST APPEAL NO. 1903 OF 2008 Kavita Surendra Jalan .. Applicant versus Kapil Vasant Agarwal & ors. .. Respondents ... Mr.Uday Warunjikar for the applicant. Mr.C.G.Patil i/b S.S.Patwardhan for respondent nos.1 to 3. CORAM : D.G. KARNIK, J DATED : 19th November 2008 P.C.: 1. Heard. 2. By this application, the applicants pray for an injunction restraining the respondents from selling, transferring, alienating or creating third party interest in the suit property. 2 3. The suit flat was purchased by respondent nos.1 and 2. Respondent nos.1 and 2 are therefore owner purchasers of the property. According to the applicant, the sale deed is without consideration and therefore void. The trial court has disbelieved this case and has dismissed the suit. 4. On my query as to whether the appellant is willing to furnish security to compensate the loss that is likely to be suffered by the respondents by reason of likely diminution in the value of the property and/or the loss of interest on the consideration that they may receive on the sale of the property, learned counsel for the applicant submitted that he has no instructions and the court may pass appropriate orders. 5. In my view, applicant is sufficiently protected by section 52 of the Transfer of Property Act and can register notice of lis pendence. On the other hand, by non furnishing the security, respondents may suffer a loss which in the absence of any security, may not be compensated. Hence the civil application is rejected. 3 (D.G. KARNIK, J)