Pallavi Bapurao Nikam v. Bapurao Dnyandeo Nikam

1 6.5861.18 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5861 OF 2018 Pallavi Bapurao Nikam .....Petitioner V/s.

Bapurao Dnyandeo Nikam .....Respondent Mr. N. R. Bubna for the Petitioner None for respondent CORAM :

NITIN W. SAMBRE, J.

DATE :

JANUARY 6, 2020.

P.C.

Petition is directed against the impugned order of payment of maintenance of Rs. 4000/- per month. Order was passed on 20/11/2017 in pending Appeal being Appeal No. 73 of 2017 on the file of District Judge -2, Malegaon.

In response to the Court's query, learned counsel for the petitioner informs that Appeal is still not decided.

2 6.5861.18 wp.doc Learned counsel for the petitioner submits that order of maintenance of Rs. 6000/- is stayed subject to unreasonable conditions and as such, interference is warranted. Impugned order is holding field since 2017. Said order is interlocutory in nature. As such, without going into the legality of the impugned order, it will be appropriate in my opinion to dispose of the petition by directing the learned District Judge to decide the Appeal expeditiously but not beyond 3 months from the date of production of this order.

Petition stands disposed of in the above terms. Needless to clarify that this Court has not examined the merits.

[NITIN W. SAMBRE, J.]