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1989 Supreme(Bom) 130

H.H.KANTHARIA, P.B.SAWANT
Vinod Dulerai Mehta – Appellant
Versus
Kanak Vinod Mehta – Respondent


JUDGMENT - P.B. SAWANT, J.:---This is an application for review of the order passed on April 24, 1989. Mr. Dwarkadas for the Respondents raised a preliminary objection to the maintainability of the review application, on the ground that since the Applicant, i.e. the Review Appellant had withdrawn the appeal to review lies. We are not inclined to accept this contention since as is evident from the order itself, the appeal was withdrawn because at that stage the Appellant was advised that no appeal was maintainable against the impugned decision.

2. It is now contended, relying on the following judgments that a Letters Patent appeal is maintainable even against an order of interim maintenance in a suit for maintenance. We do not see anything in the said judgments to support this contention. The first judgment relied on is of a Division Bench of this Court reported in A.I.R. 1979 Bom. 173 (Dinesh Gijubhai Mehta v. Usha Dinesh Mehta)1. This was a petition under the Hindu Marriage Act filed for restitution of conjugal rights. It is in this petition that an application for interim maintenance pendente lite was made under section 24 of that Act. The learned trial Judge allowed the a














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