[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO 78 OF 2008 SMT. SARLA BALKRISHNA KSHIRSAGAR ...PETITIONER. VS. BAJIRAO RAMCHANDRA KSHIRSAGAR & ORS. ...RESPONDENTS. MR. S.A.SAWANT I/B. S.D.KADAM FOR THE PETITIONER. MR. M.M.SATHAYE FOR RESPONDENT NOS. 1 TO 4. CORAM CORAM CORAM : A.A.Sayed, J. : A.A.Sayed, J. : A.A.Sayed, J. DATE DATE DATE : April 24, 2008. : April 24, 2008. : April 24, 2008. P.C. 1 The Trial Court allowed an interlocutory application for maintenance filed by the Petitioner, who is the plaintiff in the Suit by Order dated 13.7.2005. Whilst allowing the application, respondents were directed to pay a sum of Rs. 1000/- per month to the petitioner towards interim maintenance from the date of filing of the application till the disposal of the Suit. This Order has been set aside in Appeal, which order is now challenged in this petition. 2. The petitioner, who is the plaintiff in the suit is the widow of the deceased brother of the respondents and suit was filed for partition of the ancestral properties. I am informed that the Suit has now been disposed of by the Trial Court and the petitioner has been granted 1/8th share in the suit properties. In these circumstances, the question arises whether this petition can be entertained in view [2] of the disposal of the suit itself. I am also informed that the appeal has been filed against order decreeing the suit for 1/8th share of the petitioner. 3. However, in view of the arrangement which is arrived at I need not go into the maintainability or otherwise of the petition. The parties agree that the petition will make an application in the appeal Court for interim maintenance covering the period from the date of the application in the Trial Court. However, the said application would not be pressed at this stage and the same would be decided alongwith the appeal itself. This arrangement is accepted. It is made clear that all contentions including contentions of the petitioner as well as the respondents including contentions raised in the present petition are kept open and the application before the Appeal Court would be decided on its own merits and in accordance with law. 4. The appeal Court to dispose of the Appeal by end of December, 2008. 5. With the above directions the writ petition is disposed of. ..... [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]