mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5129 OF 2008 IN FIRST APPEAL NO. 1870 of 2008 Madhusudan S. Poddar & Anr. .. Applicants versus Shreeprakash Poddar & Anr. .. Respondents ... Mr.Rajiv Kumar with Nita Solanki for the applicants. Mr.S.P. Shrivastava for respondents. CORAM : D.G. KARNIK, J DATED : 14th November 2008 P.C.: 1. After hearing the parties exhaustedly, learned counsel for the applicants-appellants states that applicants have no objection if the respondents sell their share in the suit property but they cannt sell the appellants’ share, if any, in the suit property. 2. In view of the concession made by the applicants, respondents are permitted to sell their share in the suit property. The conveyance, if any, executed by respondent nos.1 and 2 shall operate in respect of their share only. In the deed of conveyance, respondents shall disclose the penency of the present litigation and that the sale shall be subject to the final result of the litigation. 3. In my view, this direction is in consonance of section 52 of the Transfer of Property Act. 4. Learned counsel for the respondents state that the responents shall not withdraw the sum of Rs.4,00,000/- which has been deposited by them in pursuance of an order dated 8th January 2008 passed by this court in A.O. No.717 of 2007 till the disposal of this appeal. 5. No other relief is pressed at this stage. The civil application is disposed of. (D.G. KARNIK, J)