1 WP 3502-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3502 OF 2010 Ganesh Mohanrao Mete Patil & ors .Petitioners V/s. Mrs.Rupali Ganesh Mete Patil .Respondents & anr. Mr.Surel S. Shah, Advocate, for the Petitioners Mr.J.P.Kharge, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 1ST MARCH, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This Petition is directed against the Order passed by the learned Sessions Judge refusing to stay the order passed by the learned Magistrate directing the petitioner to restrain himself from obstructing wife's user of matrimonial house. There is no question of petitioner's claiming that respondent-wife is 2 WP 3502-2010 not using the matrimonial house, since the respondent-wife had already left matrimonial home and she was not in possession of matrimonial house since she had stayed in the matrimonial home-shared household. The petitioner's claim that petitioner No.1 was cheated into marrying respondent by using shown different girl before marriage would have to avail trial. Therefore, there is no question of respondent being permitted to obstructed by petitioner in user of the premises. Since the learned Magistrate has passed an order restraining petitioners from obstructing respondent's user, which the learned Sessions Judge refused to stay, at interim stage of entertaining the appeal nothing could be done in exercise of Writ jurisdiction though the expression used by the learned Sessions Judge may not be to the liking of the petitioners. The learned Additional Sessions Judge would undoubtedly hear the appeal without being influenced by 3 WP 3502-2010 his own orders refusing stay or observations in this order. 3. Writ Petition is dismissed. (R.C.CHAVAN, J.)