' Instant writ petition has been filed challenging order, dated 21-5-2001, whereby the petitioner has been directed by respondent No,1 to deposit Rs,1,000 as maintenance allowance of the minors.
2. Briefly stated the:, facts are that Mst. Parveen Bibi/respondent No,2 filed a suit for maintenance allowance for herself as well as for her daughter Aisha Bibi/respondent No,3, which was decreed ex parte in her favour on 23-3-2000. Thereafter, she filed an execution petition in which notice was issued to the defendant/petitioner and consequently the defendant/petitioner filed an application for setting aside the said ex parte decree. During the said proceeding the trial Court suspended the operation of that decree vide order, dated 1-3-2001. However, finally the trial Court directed the defendant/petitioner to deposit a sum of Rs,1,000 as maintenance allowance per month till the disposal of his application for setting aside the ex parte decree. The said order was passed on 21- 5-2001 and is subject-matter of instant writ petition.
3. Stand of the learned counsel for the petitioner is that since the order, dated 21-5-2001 does not fall within the purview of "decision" as contemplated by section 14 of the West Pakistan Family Courts Act, 1964, so the instant writ petition is maintainable. In support of his contention he has placed reliance upon Muhammad Akram v. Mst. Raheela Aslam and 2 others PLD 1999 Lah.
33.
4. A perusal of the authority cited at the bar by the learned counsel for the petitioner supports his contention to the extent that writ petition is maintainable. However, this very authority also lays down that as the interim order can be assailed by filing appeal against the final decision, so the said writ petition was disposed of in that term. Relying upon the authority cited at the Bar, the instant writ petition is disposed of with an observation that the instant interim order can be assailed by filing an appeal against the final adjudication of the application for setting aside the ex parte decree which is pending in the Court.