1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5286 OF 2008 Babasaheb Shivaling Kathale .. Petitioner versus Renuka Babasaheb Kathale & Ors. .. Respondents Mr.Milind Deshmukh for the petitioner. Mr.S.D.Thokade for the respondent No.2. CORAM : A.S.OKA, J. DATE : 29th August 2009. P.C.: . Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents. The challenge in this writ petition under Article 227 of the Constitution of India is to an interim order passed by the trial Court granting maintenance. The challenge is mainly on the ground that the petitioner has not defended the application. It is prayed that a permission to be granted to the petitioner to oppose the interim application. The learned counsel appearing for the respondents stated that the suit is already part-heard and evidence of the respondents is closed and now the petitioner is supposed to lead evidence. 2. The statements made by the learned counsel appearing for the respondents are accepted. In view of the statements, it is not necessary 2 to interfere with the impugned order as the main suit is likely to be disposed of within a short time. 3. Hence, I pass the following order: : O R D E R : (a) Writ Petition is rejected. (b) The hearing of the suit is expedited. The trial Court is directed to conclude hearing before end of the year 2009. (c) The suit will be decided without being influenced by the tentative observations made in the impugned order. (d) All contentions of the parties in the pending suit are expressly kept open. (A.S.OKA,J)