1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.2682 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The orders rendered by the learned Civil Judge are being challenged by this petition. The petitioners are original defendant Nos.1 to 3. Their mother filed suit for partition and separate possession. The defendant No.4 filed an application for interim maintenance. She is the widow and daughter-in-law of the plaintiff. There is also counter claim filed by the defendant No.4 regarding her right to claim share in the properties of the UHF. The petitioners sought segregation of the counter claim on the ground that such counter claim is untenable. Their application has been rejected. 3. The defendant No.4 is entitled to claim maintenance out of the properties of UHF. Mr.Halkude, would submit that a property was given to her and she has sold it for huge amount of consideration. The petitioners would be at liberty to prove such fact before the trial Court. If such a fact is brought to the notice of the trial Court during the trial, perhaps it will have impact on the rights of the defendant No.4. The counter claim is made against the petitioners who are co- defendants. However, in a partition suit, the status of the defendants also is likewise that of the plaintiffs and, therefore, the counter claim can not be separated or abandoned. In this view of the matter, the petition is dismissed. In respect of amended claim set up in the counter claim, the defendant No.4 may be required to prove the allegations of the property being part of the UHF property and may be required to pay the Court- fees required. The petition is accordingly disposed of. (V.R.KINGAONKAR,J.) Dt.08.07.2009. asp/office/wp2685.08