1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3974 OF 2010 Smt. Yamunabai D. Gondhale & Anr. .. Petitioners V/s M/s Haware Engineering & Builders Pvt. Ltd. & Ors... Respondents Mr. S.R. Patil for the petitioners. Mr. Akilesh S. Dubey with Mr. Rahul R. Sharma i/b Mr. M. Tripathi & Co. for respondent no.1. Mr. Prashant D. Jadhav for respondent no.2. CORAM : D.G. KARNIK, J. DATE : 2ND JULY 2010 P.C. : 1. Heard. 2. By this petition, the petitioners challenge the order dated 17 March 2010 passed by 4 th Joint Civil Judge, Senior Division, Thane rejecting the application of the petitioners (original plaintiffs) for withdrawal of the amount deposited in the trial court by the defendant no.1. 3. Apart from the ground on which the application has been rejected, in my view, the writ petition deserves to be rejected on 2 one more ground indicated below. 4. The suit property was sold by the respondent nos.2 to 10 (original defendant nos.2 to 10) in favour of respondent no.1 (original defendant no.1). The petitioner no.2 was also a signatory to the sale deed. The petitioners have filed the suit challenging the conveyance and have prayed that conveyance made in favour of the respondent no.1 was null and void. In an appeal from order bearing Appeal from Order No.406 of 2009, this Court directed the respondent no.1 to deposit Rs.90 lakhs in the Court. Accordingly, the money has been deposited. The petitioners prayed to the Court for withdrawal of Rs.29,39,889/- being their share in that consideration. That application has been rejected. On the one hand, the petitioners want to continue with the suit and challenge the sale deed and on the other hand pray for withdrawal of the consideration money for sale deposited in the Court. This obviously cannot be allowed. The trial court has rightly rejected the application. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)