1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.128 OF 2005 Shri AnilDwarkadas Bhatija Petitioner vs. Smt.Mala Anil Bhatija Respondent Mr.Niwas Kamble i/b.M/s.Bhagat & Associates for the petitioner. Mr.Vinod N Tayade for the respondent. CORAM : B.H. MARLAPALLE,J. DATED : 2nd September 2005 P.C. This is a civil revision application filed under Section 115 of the C.P.C. against the order dated 2.2.2005 passed by the learned Civil Judge, Senior Division at Kalyan. Marriage Petition No.182/2004 has been filed by the present petitioner-husband seeking divorce under Section 13 of the Hindu Marriage Act, 1955 and in the said petition, the respondent-wife moved an application at Exhibit 9 under Section 24 of the said Act praying for maintenance pendentelite. By the impugned order the said application has been allowed by fixing the interim maintenance amount at Rs.3000/- per month from the date of the application. 2. Section 28 of the Hindu Marriage Act provides for 2 the remedy of appeals from the decrees or orders. Under sub-section (1), the decrees are appealable and under sub-section (2) of Section 28, the orders made by the Court concerned in any proceeding under Section 25 or section 26 are appealable. Thus, the remedy of appeal is not provided against an Order passed in an application under Section 24 of the Hindu Marriage Act. The wife had moved the application in the pending petition filed by the petitioner and, therefore, this C.R.A. under Section 115 of C.P.C. is not maintainable. The learned counsel, therefore, seeks leave to withdraw the C.R.A. with liberty. 3. Leave granted. The revision application is disposed off as withdrawn with liberty as is available in law. 4. In view of withdrawal of C.R.A., Civil Application No.41/2005 does not survive and is dismissed as such and the Ad-interim order passed therein stands vacated. (B.H. (B.H. (B.H. MARLAPALLE,J.) MARLAPALLE,J.) MARLAPALLE,J.)