Sunil S/O Parasram Taksande v. Ku. Shivani D/O Sunil Taksande

910wp373.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 373/2019 (Shri Sunil S/o Parasram Taksande Vs. Ku. Shivani D/o Sunil Taksande) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P. R. Puri, Advocate for petitioner.

Shri R. Kadu, Advocate for respondents.

CORAM : A. S. CHANDURKAR, J.

DATE : 25 .09.2019.

Heard learned counsel for the parties.

The challenge raised in the present petition is to the interlocutory order directing payment of maintenance by the petitioner to his daughter - respondent at Rs. 5000/- per month. By virtue of order dated 21.01.2019, an amount of Rs. 50,000/- was deposited by the petitioner towards the amount of maintenance which has thereafter been withdrawn by the respondent. It is informed that the proceedings are at the stage of recording evidence. Considering the nature of interim order, the interests of justice would be served by directing consideration of the proceedings in R.C.S. No. 124/2016 by the trial Court on its own merits.

Accordingly, the writ petition is disposed of. However, the trial Court shall decide the suit on its own merits without being

910wp373.19.odt influenced by the order dated 26.10.2018 directing grant of interim maintenance. All points are kept open. Writ petition is disposed of. JUDGE Gohane