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Judgment
P.S. Patankar, J.—Admit. The learned Advocate for the respondents waives notice. By consent heard forthwith.
The respondent No. 1 filed the suit for partition and separate possession of certain properties against the appellant and Respondent Nos. 2 to 4. The appellant and respondent Nos. 2 and 3 are the sons of respondent No. 1 while the Respondent No. 4 Is the wife of Respondent No. 1. The said suit came to be decreed by the Civil Judge, Junior Division, Barshi. Being aggrieved, the appellant herein preferred Civil Appeal No. 449 of 1990. The learned Judge accepted the contention that the decree passed was ex parte and remanded the suit for fresh hearing. However, while passing the said order, the learned Judge directed that the appellant should pay Rs. 300 to Respondent No. 1 per month by way of interim maintenance from 1st August, 1992 till the decision of the suit.
The order of remand is not under challenge. The appellant has challenged the order passed by the learned appellate Judge directing payment of maintenance only. The appellant has contended that Respondent No. 1 is in exclusive possession of Survey No. 539 at village Kari, Taluka Barshi, District Solapur and, therefore, the said order of maintenance ought not to have been passed. The said land admeasures 2H99R and assessed at Rs. 3-75. The learned Advocate for the respondents pointed out that the appellant is trying to interfere with the possession of the said land of the respondents in different ways and making it impossible to cultivate. In my opinion, if the appellant is restrained from interfering with the respondent''s possession in respect of the said survey number, there should be no difficulty in setting aside the order of maintenance and proceeding with the Civil Suit No. 537 of 1987. Even the learned Advocate for appellant has no objection for granting this-injunction in favour of Respondents. In view of this, the following order is passed :-
(i) The impugned order dated 24-7-1992 passed by the II Additional District Judge, Solapur in Civil Appeal No. 449 of 1990 so far as it directs the appellant to make payment of Rs. 300 per month by way of interim maintenance from 1st August, 1992 till the decision of the suit is set aside.
(ii) The appellant is restrained from interfering with the respondents'' possession in respect of the land bearing Survey No. 539 of Village Kari, Taluka Barshi, District Solapur.
(iii) The hearing of Regular Civil Suit No. 537 of 1987 is expedited and be heard as early as possible.
(iv) Appeal disposed of accordingly. In the facts and circumstances of the case, there shall be no order as to costs.
(v)Certified copy expedited.
(vi) Writ to be sent immediately.