1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1771 OF 2008. Amrut S/o Bhausaheb Kale ... Petitioner. Versus Sindhubai W/o Bhausaheb Kale and others ... Respondents. ... Mr.S.S.Kazi, advocate for the petitioner. Respondent Nos.1 to 4 served. ... CORAM : V.R.KINGAONKAR,J. Date : 15.06.2009. PER COURT 1. Heard. 2. The petitioner is original defendant No.2 in Civil Suit bearing (Spl.C.S. No.5/2001) filed by decree holder Smt.Sindhubai against her 2 husband and others. The learned Civil Judge decreed the suit against the defendant No.1 Bhausaheb i.e. husband of the decree holder U/s 18 of the Hindu Adoption and Maintenance Act, 1956. Simultaneously, charge was created on the suit properties shown in paragraphs 1-A to 1-D shown in the Schedule of the plaint. The decree was sought to be executed by the wife of defendant No.1 by attachment and sale of the properties on which the charge was created inasmuch as maintenance amount of Rs.2,000/- (Rupees two thousand) p.m. was not paid to her. The petitioner objected execution of the decree alleging that he is a third party and that the suit properties were allotted to him during partition after the decree was rendered. The contention was rejected by the learned Civil Judge. 3. There appears no perversity committed by the learned Civil Judge while rejecting the contention of the petitioner. He was a party to the suit and can not claim to be stranger in order to offer obstruction to the decree. He is 3 bound by the decree U/s 47 of the C.P.C. He is bound by the decree rendered in respect of creation of the charge of the maintenance allowance. It is well settled that charge for maintenance allowed could be created on the properties of the joint Hindu family. The subsequent internal partition would not disentitle the decree holder from claiming maintenance allowance. In this view of the matter, the contentions of the petitioner have been rightly rejected by the trial Court and as such no interference is warranted. (V.R.KINGAONKAR,J.) asp/office/wp177108