1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4584 OF 2009 Uttam Narhari Bahir ..Petitioner V/s Ashabai Rambhau Bahir and others. ..Respondents ------------------------------------------------------ Mr.N.V. Gaware, Advocate for the petitioner. ------------------------------------------------------ (CORAM : R.M.BORDE,J.) DATE : 10th December, 2009. PER COURT : 1. During continuance of appeal presented by the respondents herein, the First Appellate Court has directed payment of maintenance at the rate of Rs. 500/- per month in favour of each of the respondents. The respondents are the original plaintiffs, who presented the suit claiming their entitlement to the joint family property. The suit came to be decreed and the respondents-original plaintiffs were held entitled to have 1/4th share in ancestral property. The defendant in the suit/petitioner herein preferred appeal and secured stay to the execution of the decree 2 passed by the trial Court. The petitioner-original defendant is in possession of the property. The entitlement of the respondents to the extent of 1/4th share is declared by the trial Court. Considering this aspect, the First Appellate Court directed the original defendant-petitioner herein to pay interim maintenance during pendency of appeal. In this view of the matter, I do not find any irregularity or illegality in order passed by the First Appellate Court on 20.12.2005. There is no merit in the petition, hence, petition stands rejected summarily. (R.M.BORDE) JUDGE GAS/wp4584.09