1 crwp208.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 208 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri H.V.Patil, advocate for the petitioner ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 28 th July, 2011. PER COURT :­ 1 Heard Shri H.V.Patil, learned counsel for the petitioner. 2 Shri Patil, learned counsel submits that respondent had filed Regular Civil Suit NO. 45 of 1996 against the petitioner herein for maintenance and the said suit was decreed on 26.6.1997, by learned IInd Joint Civil Judge, Junior Division, Naigaon (Bazar) and the petitioner herein was directed to pay maintenance of Rs.700/­ per month to the respondent herein from the date of the suit. 2 crwp208.11 3 Thereafter, the respondent herein i.e. wife further filed Miscellaneous Civil Application No. 6 of 1989 before the learned Judicial Magistrate, First Class, Nanded for maintenance under Section 125 (1) of the Code of Criminal Procedure and same was allowed on 18.7.1998 and the said judgment and order was challenged by the applicant in Criminal Revision Application No. 230 of 1998 and same was partly allowed by judgment and order, dated 28.11.2001 by the learned Additional Sessions Judge, Nanded. 4 However, learned counsel for the petitioner submits that filing of Regular Civil Suit NO. 45 of 1996 by the respondent/wife herein and passing of decree therein on 26.6.1997, as mentioned herein above, was remained to be brought to the notice of learned IInd Joint Civil Judge, Junior Division, Nanded in Miscellaneous Civil Application No. 6 of 1989 and further to the Revisional Court inadvertently. 5 Hence, learned advocate for the petitioner, on instructions, seeks leave, to withdraw the present petition, with liberty to file application before the learned IInd Joint Civil Judge, Junior Division, Nanded for cancellation of the maintenance amount. 3 crwp208.11 6 In view of the afore said submission, leave granted and present petition stands dismissed as withdrawn, with liberty as prayed for. However, it is made clear that the aspect of limitation, if any, shall play its own role. (SHRIHARI P. DAVARE, J.) dbm/crwp208.11