:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 341 OF 2008 Shri Mahendra Sopan Palande ..Petitioner Vs. Sou. Manisha Mahendra Palande ..Respondent Mr. S.M. Sabrad for petitioner. Mr. P.B. Shah for respondent. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 04, 2008. Date : April 04, 2008. Date : April 04, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Sabrad the learned counsel for the petitioner-husband and Mr.Shah the learned counsel for the respondent-wife. 2. The petitioner is aggrieved by the order dated 30/11/2007 passed on the application at Exh.15 filed in Regular Darkhast No.13 of 2007 by the wife. The petitioner had filed H.M.P. No.199 of 2004 for divorce and the wife had filed H.M.P. No.120 of 2002 for restoration of conjugal rights. By a common :2: judgment and order dated 10/11/2006 passed by the learned Joint Civil Judge. S.D., Nashik, the husband’s petition has been dismissed, whereas the wife’s petition has been allowed and this common order has been challenged by filing two separate appeals i.e. Civil Appeal Nos.269 and 270 of 2006 by the husband. 3. However, no stay petition was moved in the said appeals for quite some time and, therefore, the wife put the decree for execution in Regular Darkhast No.13 of 2007 passed in her petition i.e. H.M.P. No.120 of 2002 and in the same Darkhast proceedings she filed an application for interim maintenance. The Executing Court was pleased to direct the husband to pay an amount of Rs.6000/- p.m. to the decree holder - wife from the date of the order i.e. 30/11/2007. 4. The total amount payable comes to Rs.24,000/-, as of now (from December 2007 to March, 2008) and from the said amount the petitioner-husband has deposited an amount of Rs.7500/- which is lying with the Executing Court. It is further seen that the wife has :3: been allowed to withdraw the said amount of Rs.7500/- as per the order passed by this court on 25/2/2008. 5. The petitioner-husband shall deposit the remaining amount i.e. Rs.16,500/- with the Executing Court within a period of four weeks from today and it is directed that Civil Appeal Nos.269 and 270 of 2006 filed by the petitioner-husband shall be heard and decided as per law, as expeditiously as possible and preferably by 30th June 2008. If the wife has not filed any reply in the said appeals, she shall do so on or before 25/4/2008. The remaining amount to be deposited i.e. Rs.16,500/- shall be subject to the final out come in the pending appeals filed by the husband. Execution proceedings stand stayed till the appeals are decided. 6. Petition is disposed off in terms of the above directions. Writ to go to the Lower Appellate Court forthwith. :4: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)