1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8518 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.D.D.Pokharkar, counsel for petitioners. Mr.S.T.Shelke, Adv, for Respondent No.1. CORAM : R.M.BORDE, J. DATE : 15/09/2010 1] Interim order of maintenance directing the petitioner and his brothers to pay amount to the original plaintiff respondent no.1 herein during the pendency of the suit for partition is sought to be enforced by the original plaintiff against the petitioner. It is stated that an order of issuance of warrant has been passed for enforcing the recovery of amount. It is the contention of the petitioner that alongwith him, his brothers also be called upon to pay the amount and that he is not controverting their share in property, as such direction be issued to them to contribute the amount in 2 proportion to their share. It is the choice of the original plaintiff to claim recovery from either of defendants. Similar request made in the Writ Petition bearing No.1696/06 has already been turned down by this Court by order dated 12/2/2008. 2] In this view of the matter, this Petition presented by petitioner-original defendant does not call for any interference in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance and stands rejected. Interim relief granted earlier stands vacated. (R.M.BORDE,J.) umg/wp8518-09