wp165.10.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 165 OF 2010 Shantabai Kondaji Demse ....Petitioner. Vs. Yamunabai Yashwant Sonawane & Anr. ....Respondents. Mr. Prasad S. Dani for the Petitioner. Mr. Prashant Patil for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 15th April, 2010 P.C.:- 1 Rule, returnable forthwith. 2 Heard finally. 3 The Petitioner has challenged the impugned orders dated 6th November, 2007 and 19th July, 2006 whereby, the challenge was made to grant of application filed by the Plaintiff under Section 151 of the Civil Procedure Code (for short, CPC), for maintenance in a Suit for partition. 4 There is no dispute that the suit property has been sold and there is a registered document. The Plaintiff, however, by filing separate suit has challenged the said sale deed. The suit is pending. There is no other property involved. In view of this, I am of the view that the order of maintenance in a pending suit for partition, in view of above, thus cannot wp165.10.sxw 2 be continued further, unless challenge so raised is accepted. 5 This Court on 21st January, 2010 directed the Petitioner to deposit the maintenance amount of Rs.10,000/- which the Petitioner has already deposited. Considering the relation and the background of the matter, I am inclined to grant permission to withdraw the said amount, to Respondent No.1. All the points are kept open. 6 Resultantly, the impugned orders dated 6th November, 2007 and 19th July, 2006, are quashed and set aside. 7 The Petition is allowed accordingly. The Rule made absolute. No order as to costs. (ANOOP V. MOHTA, J.)