Mehrunnisa Sayyed Asif And Another v. Sayyed Asif Sayyed Abbas And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5558 OF 2014 MEHRUNNISA SAYYED ASIF AND ANOTHER

VERSUS

SAYYED ASIF SAYYED ABBAS AND OTHERS ...

Advocate for Petitioners : Shri Khan M.B.W.

Respondents 1 to 5 : Served but absent.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: January 06, 2017 ...

PER COURT :- 1.

Despite service of Court notice, no appearance has been entered by the respondents, either through an Advocate or in person. 2.

The petitioners are aggrieved by the grant of an interim maintenance of Rs.1,000/- each. Grievance is that atleast Rs.5,000/- each should have been granted and the interim maintenance ought to have been calculated from the date of filing of the application. 3.

RCS No.55 of 2010 is pending before the learned Civil Judge J.D. Jamkhed for the past about seven years. This petition is in this Court for the past more than two and half years.

4.

To meet the ends of justice, I direct the learned trial Judge to decide RCS No.55 of 2010, as expeditiously as possible and in any case akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - WRIT PETITION NO. 5558 OF 2014 before 29.9.2017. Until then, the defendant No.1 would continue to pay interim maintenance as directed vide the impugned order. Needless to state, the impugned order being interlocutory in nature would not come in way of the petitioners' claim in RCS No.55 of 2010 and all contentions of the litigating sides are left open for the trial Court to consider while deciding the suit.

5.

Writ Petition is accordingly disposed off.

( RAVINDRA V. GHUGE, J. ) ...

akl/d