CHEETABAI Vs. NATHYA

JUDGEMENT

(1.) By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge while considering the matter observed as under:- "the parties would not alienate the property during pendency of the suit in view of section 52 of the Transfer of Property Act."

(2.) Counsel for the appellant contended that the learned Single Judge while considering the matter has observed that the status quo cannot be granted and simultaneously he has been restrained from alienating the property under the guise of the section 52 of the Transfer of Property Act.

(3.) He also relied upon the decision of Supreme Court in N. Birendra Singh v. Priyokumar Singh, and others reported in A.I.R. 2006 SC 2228 wherein Supreme Court observed as under:-