(1) WP. 2402.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2402 OF 2010 Sona S/o Gena Gule and others .. Petitioners VERSUS Asrabai w/o Kondiba Ghule .. Respondent Mr. Girish Kalidas Naik Thigle, Advocate for the Petitioners Mr. N.B. Sandanshiv, Advocate for respondent ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel for the parties. The petitioners challenge the order rendered by the trial Court whereby, respondent, who is original plaintiff, has been awarded Rs.1000/-per month by way of maintenance allowance. The suit filed by the respondent is of partition. She is widow and has filed suit against 5 brothers of her deceased husband. Apparently, her deceased husband was having 1/7th share in the suit properties which comprises of approximately 29 acres land. 2] Considering the relevant aspects the trial Court awarded Rs.1000/- per month as maintenance (2) WP. 2402.2010 allowance in her favour. The contention of the petitioner is that previously she was awarded maintenance allowance of Rs.50/- per month in the proceedings of Regular Civil Suit no. 24 of 1976 and therefore, again same issue could not be re-agitated. I do not find any merit in the contention so raised as the present maintenance allowance is by way of interim arrangement and in view of section 151 as well as section 94(e) of the Code of Civil Procedure. The Writ Petition is therefore rejected. The respondent is allowed to withdraw the amount. The interim protection granted to the petitioners is continued for more than 6 months. Final hearing of the suit is expedited. Sd/- [V.R. KINGAONKAR, J.] arp