1 S.A.No.771/10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.771 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 14.12.2010. 1. Some of the defendants have filed the present Second Appeal. The present Respondent No.1 had filed a suit for partition and separate possession. The trial Court decreed the suit holding that the plaintiff is entitled for 1/6th share. The defendants preferred an appeal. The appellate Court partly allowed the appeal, thereby modifying the allocation of shares. It also passed order directing the appellants to pay interim maintenance of Rs.10,000/- (Rupees ten thousand) and the charge of the said amount to be kept on the shares of Jivraj and Dnyanoba. The 2 S.A.No.771/10 appellants have challenged the same in the present Second Appeal. 2. Mr.Avishkar Shelke, learned counsel for the appellants submits that the appellants are not disputing about the allocation of shares but the appellants are aggrieved by clause (4) of the operative order passed by the lower appellate Court, wherein the charge of interim maintenance of Rs.10,000/- (Rupees ten thousand) is kept on the share of the present appellants. 3. The amount of Rs.10,000/- (Rupees ten thousand) which is awarded was by way of interim maintenance during pendency of the appeal. The said order has become final. The charge has been kept on the share of the present appellants to the extent of said amount of Rs. 10,000/- (Rupees ten thousand) only and on the appellants making the payment, the said clause (4) of the appellate Court's order would be rendered inoperative. I do not find any error committed by the Court below while passing the said impugned judgment and order. The Second Appeal being sans substantial question of law, is 3 S.A.No.771/10 dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.14.12.2010. asp/office/sa771.10