: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.453 OF 2009 IN SECOND APPEAL NO.438 OF 1990 Smt. Anjanabai Yadav Apsunde .. Applicant V/s. Daulat Narayan Apsunde .. Respondent And Smt. Pushpavati Arjun Satpure .. Opponents and Ors. ..... Mr. V.Z. Kankaria for the applicant Ms. A.R.S. Baxi for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 1st JULY, 2009. P.C. : 1. In a suit filed by the present applicant to seek declaration that the sale deed in favour of respondent is null and void, present respondent is the appellant in the suit. 2. By this application, the applicant Smt. Anjanabai wants the present respondent to pay to her sum of Rs.5 lakhs as well as a sum of Rs.15,000/- per month by way of maintenance. This application is filed on the footing that the present applicant Anjanabai is on : 2 : account of the impugned transaction bereft all the property and is without any source of income. 3. After having considered the nature of the litigation pending, namely second appeal and the present application, I am inclined to observe that applicant is not been able to make out the case that the applicant should receive substantial amount in the nature of Rs.5 lakhs from the present respondent or any amount by way of monthly maintenance. Even otherwise, there is no justification for the demand made in the present application. The point raised by the present applicant is not tenable particularly when the litigation concerning the land and ownership of the land and not any other point. 4. In the above facts and circumstances, application is rejected with no order as to costs. In view of the fact that second appeal is of the year 1994. Second Appeal be listed for final hearing in the week commencing 27 th July, 2009. High on Board. (R.Y. Ganoo, J.)