( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 81 OF 2010 Shri Jibhau Dhondu Patil PETITIONER VERSUS Smt. Rajabai w/o Jibhau Patil RESPONDENT .... Mr. S.P. Tiwari, advocate holding for Mr. N.N. Desale, advocate for the petitioner. Mr. G.B. Rajale, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd June, 2010] PER COURT : 1. Heard learned counsel. 2. The impugned order is rendered in exercise of discretionary powers of the first Appellate Court. The petitioner is husband of the respondent. It was noticed that he was in arrears of the maintenance allowance which was awarded. So, while granting stay, the learned District Judge directed the petitioner to deposit approximately 50 per cent of the amount of arrears and further directed that if that was not paid on or before 10th April, 2009, then the stay order would be treated as de-clamped. The petitioner has challenged this order by filing the present petition on 7th November, 2009 ( 2 ) i.e. much after the impugned order was implemented automatically. The petitioner itself is, therefore, not maintainable. No arbitrariness is noticed from the impugned order. Hence, the petition is dismissed. The appellate Court to expeditiously decide the appeal. The amount deposited in this Court to be transferred to the District Court with directions to allow withdrawal thereof by the respondent. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp81-10