1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1275 OF 2009 IN FIRST APPEAL NO.1646 OF 2002 Ku.Sarika S. Bhagwat, through her guardian mother ....Applicant V/s. Gokul D. Bhagwat & Anr. ....Respondents Mr.R.A. Thorat for the Applicant. Mr.Ramesh Dube-Patil i/b Ajay Misar & Co. for Respondent No.1. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 18TH JULY, 2009. P.C. : 1. We have heard Mr.Thorat, the learned counsel for the Applicant as well as Mr.Dube for Respondent No.1. 2. During the pendency of First Appeal No.1646 of 2002 filed by the present Respondents, the Applicant prays for interim reliefs by way of direction to pay a sum of Rs.11,49,600/- to the present Respondents and to pay her or deposit with this Court an amount of Rs.1,00,000/- per month being the share of income which the Applicant would be entitled in respect of the suit properties. 3. The Respondents who are her uncles (father’s brothers) have filed reply and opposed the application. 2 4. Admittedly, as per decree and which is the subject matter of challenge in First Appeal No.1646 of 2002, the Applicant is held to be entitled for 1/5th share in the suit properties described in paragraph 1 of the plaint and the judgment debtors were ordered partition and hand over the said 1/5th share to the Applicant. As per the Applicant, the Respondents are running family business namely Hotel New Royal Relax, located at Khadga,Chaufuli, Pimpalgaon (Baswant), Taluka Niphad,District Nashik. As per her, these licences of three hotels stood in the name of her deceased father and presently the Respondents are running the said hotels and earning about Rs. 1,50,000/- per month. She also states that the Respondents are also running another hotel by name “Bhagwat Hindu Khanawal” at Bombay-Agra road, at Pimpalgaon (Baswant) and its income is about Rs.3,00,000/- per month. She has also pointed out that seven acres of land at Chinchkhad is bagayat land with grapes, sugar cane and other food grains and vegetables etc. and it yields about Rs.3,00,000/- per year by way of income. She further states that the joint property of two bungalows constructed at Umbarkhed Road and Shastriya Nagar respectively have been let out with Rs.2,000/- per month as rent. 5. The Respondents along with affidavit in reply have also brought on record the income tax returns of Gokul Damodar Bhagwat in his capacity as proprietor of Bhagwat Hindu Khanawal and they claimed that they hardly earned anything so as to give the demanded monthly amount to the Applicant. 6. We are satisfied that as of now the prayer for monthly amount for maintenance of the family as well as for the educational expenses of the 3 Applicant, the Respondents must pay a reasonable amount to the Applicant every month and we are not inclined to consider the prayer of the Applicant for directions to deposit the amount of Rs.11,49,600/-. 7. Hence we direct the Respondents to pay an amount of Rs. 20,000/- per month to the Applicant with effect from 1.6.2009 and we make it clear that the payment so made shall be on account and in lieu of the mesne- profits of the 1/5th share. The arrears shall be cleared by 31.7.2009 and for the month of August, 2009 onwards, an amount of Rs.20,000/- per month shall be paid to the Applicant by remittance in Saving Bank A/c No.2512 with Shree Ganesh Sahakari Bank Ltd., Nashik before 20th day of every month. 8. We make it clear that this order is without prejudice to all the rights and contentions of the respective parties and it shall not prevent the Applicant to approach us afresh in case she is required to pay the education fees in a private college. 9. The Civil Application is disposed off in terms of the above directions. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)