This Letters Patent Appeal was dismissed. The High Court held that since it was an interim order in a suit expedited by the Trial Court, there was no reason to interfere. A pending civil application for ADR was also dismissed.
The Letters Patent Appeal was dismissed. The civil application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO.364 OF 2008
IN
WRIT PETITION NO.1675 OF 2008
Jaydeo Ramchandra Kale & Anr. .. Appellants
vs.
Kumar Bhushan Shrikant Kale & Ors... Respondents
Mr.Shankar Dhoble i/b Mr.Sandesh D. Patil for the
appellants
Mr.K.S.Patil for respondent nos.3
CORAM: J.N. PATEL, &
Smt.V.K.TAHILRAMANI, JJ.
DATE: 6TH FEBRUARY, 2009
P.C.
1. The present L.P.A. has been preferred by the
appellants against refusal to interfere in the interim
order of maintenance granted to the children of the
deceased brother. It is the case of the appellant that
he is a conductor and earns a meagre amount of salary
of Rs.3,000/- per month and the amount of maintenance
is too exorbitant. He is not under any obligation to
maintain the respondents for the reason that he is not
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cultivating any agricultural land.
2. We find that this is an interim order granted
by the Trial Court in favour of the minor brother of
the deceased. The learned single Judge has already
expedited the suit. Therefore, we do not find any
reason to interfere with the interim order at this
stage. L.P.A. is dismissed.
3. The learned counsel for the appellant submitted
that the matter can be settled by resorting to A.D.R.
Parties are at liberty to move the Trial Court for
appointment of mediator, if they are not able to work
out a settlement amongst themselves. In view of this,
Civil Application does not survive, the same is also
dismissed.
(J.N. Patel, J.)
(Smt.V.K.Tahilramani, J.)
2 issues framed by the court
Whether the High Court should interfere with the interim maintenance order in favour of the minor brother of the deceased.
Whether the Letters Patent Appeal under Article 133 of the Constitution of India should be allowed.
Jaydeo Ramchandra Kale
Kumar Bhushan Shrikant Kale
J.N. Patel
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court