1 wp 1828.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1828 OF 2007 Datta Narsayya Mudiganti, Age : 47 Years, Occu. : Service, R/o 2, Jainagar Sahkari Society, "C" Building, Opp. Kinara Society, Bandar Road, Panvel, Tq. Panvel, Dist. Raigad. .. .. Petitioner Versus Sau. Sujata Datta Mudiganti, Age : 35 Years, Occu. : Business- Powerlooms Textile, R/o C/o Dattatraya Dubayya Talkokul, House No. 18/69, Near Hanuman Mandir Madhav Nagar, At & Post & Dist. Solapur. .. .. Respondent Shri A. B. Gatne, Advocate for the Petitioner. Shri A. S. Usmanpurkar, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH AUGUST, 2011. ORAL JUDGMENT : . Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing. 2 wp 1828.07 2. The present petitioner had filed proceedings U/Sec. 13 of the Hindu Marriage Act. During the pendency of the proceedings, the present respondent filed an application for interim maintenance. The Trial Court partly allowed the said application and granted interim maintenance of Rs. 5,000/- per month. The petitioner assails the said order in the present writ petition. This Court vide order dated 26.03.2007 had stayed the impugned order granting maintenance at the rate of Rs. 5,000/- per month and directed that the petitioner should pay an amount of Rs. 1,000/- per month to the respondent towards interim maintenance during the pendency of the petition. The said order is in force since 26.03.2007. 3. The learned counsel Shri Gatne and Shri Usmanpurkar submit that the suit filed by the present petitioner itself is dismissed on 17.03.2009 and suit came to an end. The order of interim maintenance was till the pendency of suit. The interim order was in force since 26.03.2007 and the petitioner has deposited the amount at the rate of Rs. 1,000/- per month as directed by this Court up to 30th November, 2010. Shri Gatne, the learned counsel states that the petitioner would deposit amount as directed by this Court till this date within a period of 3 wp 1828.07 fifteen (15) days from today i. e. the amount of interim maintenance as directed by this Court unpaid from 01st December, 2010 till 31st July, 2011. The respondent is entitled to withdraw the said amount. 4. As the interim relief was in force since 26.03.2007, I am disposing of the writ petition in terms of interim orders passed without dilating on the merits of the matter. It is submitted that the appeal against the dismissal of the suit is filed by the present petitioner and the same is pending. The respondent is at liberty to file appropriate application or proceedings for maintenance as permissible in law. If an application or proceedings are filed before the appropriate Court, the Court would consider the same on its own merits. I have disposed of this writ petition only on the ground that the interim relief was in force from 26.03.2007 and I have not decided any issue on merits of the matter. The writ petition is accordingly disposed of. The Rule is made absolute in above said terms. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11