1 (Wp 1246 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1246 OF 2010 Mrs. Sujata Pradeep Shirsolkar ...Petitioner Vs. Mr.Pradeep Gajanan Shirsolkar and Anr. ….Respondents ----- Ms. Shubhada Khot for Petitioner Ms.Shabana Shah i/b. Mr. Rajendra Rathod for Respondent No.1 Mr.Rajesh More-APP for the State ----- CORAM: V.M. KANADE J. DATED: 22ND NOVEMBER, 2010 P.C. 1. The Mediator was appointed in the case. However, a negative report has been submitted by the learned Mediator. 2. By consent of parties, the impugned order passed by the Ad-hoc Additional Sessions Judge dated 19.12.2009 is set aside. By consent of parties, the impugned order dated 29.6.2009 which has been challenged by the Respondent No.1 by filing appeal in the Sessions Court vide Appeal No.868 of 2009 is also 2 (Wp 1246 of 2010) set aside. 3. Since the impugned order passed by the Learned Magistrate dated 29.6.2009 is set aside, the appeal No. 868 of 2009 does not survive and that also is, accordingly, disposed of. The matter is remanded back to the Learned Metropolitan Magistrate, 21st Court, Kurla, Mumbai. 4. The learned Magistrate is directed to decide the said application for maintenance expeditiously and, in any case, within a period of six months. The Petitioner is at liberty to execute the ad-interim maintenance granted by the learned Magistrate. 5. The amount of Rs.34,000/- deposited by the Respondent No.1 shall be adjusted against the arrears of interim maintenance. All contentions raised by both the parties are kept open. 6. Writ petition is, accordingly, disposed of. (V.M. KANADE J.)