1 wp3246.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3246 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.N. Nagargoje, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATE : 28th APRIL, 2011 Trial Court has on 17.09.2010 in Regular Civil Suit no. 127 of 2009 instituted by minor taking education in 7th standard directed the present petitioner i.e. her grand father to pay interim maintenance of Rs. 800/- per month. That grant is questioned before this Court. 2. Learned Counsel contends that quantum of maintenance is not the issue but the absence of jurisdiction in trial Court to grant such relief and dismissal of earlier civil Suit for same relief by minor are the principal grounds to oppose the grant. Earlier suit was filed by minor along with her brother and mother. The said suit appears to have been dismissed not on merits. 2 wp3246.11 3. Similarly, in present suit though relief claimed is of partition and separate possession, it is clear that at least at this stage, such suit at the instance of minor can not be stated to be barred. The maintenance granted is only Rs. 800/- per months. 4. In these facts, I am not inclined to interfere in the matter in jurisdiction under Article 226 and 227 of the Constitution of India as attempted to be invoked, Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp3246.11