- 1 - app312 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 312 OF 2011 in NOTICE OF MOTION NO. 1576 OF 2008 in SUIT NO.1352 OF 2008 with NOTICE OF MOTION NO.1613 OF 2011 & NOTICE OF MOTION NO.1576 OF 2008 in SUIT NO. 1352 OF 2008 Kamlesh Ashok Makhija .. Appellant vs Amrit Moolchand Kapoor & ors .. Respondents Mr. Karl Shroff i.b B.Amin & Co for Appellant Mr. R.R.Mishra for Respondents CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 13 July 2011 P.C. 1. This Appeal is directed against order dated 13 April 2011 of the learned trial Judge of this court deciding Notice of Motion No. 1576 of 2008 under which while granting the plaintiff interim relief in respect of flat No.1013, the learned trial Judge declined to grant - 2 - app312 the plaintiff relief in respect of flat No.997. 2. Having heard learned counsel for the parties, we are not inclined to interfere with the impugned order in respect of flat No. 997. We clarify that in view of the provisions of section 52 of the Transfer of Property Act, 1888 any transfer of flat which the defendant No.1 may get in lieu of flat No.997 will be subject to outcome of the suit and subject to the plaintiff getting such notice registered under section 52 of the Transfer of Property Act as applicable to the State of Maharashtra. We also direct that in case the defendant no.1 disposes off the flat which may be allotted to defendant No.1 in lieu of flat no.997, the defendant no.1 shall specifically mention in the conveyance deed about the pendency of suit No.1352 of 2008 and that after executing such conveyance, defendant no.1 shall also inform the plaintiff in writing about details of such conveyance within 15 days thereof. Subject to above clarifications, Appeal is disposed of. CHIEF JUSTICE GIRISH GODBOLE, J - 3 - app312