1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1937 OF 2009 WITH CIVIL APPLICATION NO.4985 OF 2009 Shri Sudam Balu Deokar )..Appellant Vs Sau.Balutai @ Sahalan Sudam Deokar )..Respondent ­­­­ Mr.A.A.Garge for the appellant. ­­­­ Coram : R.S.MOHITE,J Date : 5th January, 2010 PC 1 This is an appeal filed by the appellant impugning a decree dated 5.10.2009 passed by the Civil Judge, Karad, granting Rs.1500/­ per month as maintenance to the wife. It is sought to be contended that the respondent was not entitled for maintenance as she was not married to the appellant. It is noticed that the present appellant had earlier filed RC Suit No.417/1991 for a declaration that the respondent is not his wife. That suit was dismissed for non prosecution on 2.6.1996. He then filed another suit bearing RC Suit No. 109 of 1998 for the same relief. That suit was dismissed on merits on 27.3.1998. According to the Advocate for the appellant, this decree was confirmed in appeal but the Second Appeal is pending in this Court. Be that as it may, there was a finding of the competent Civil Court that the respondent was his wife. My attention was drawn to the judgment of the revisional court dated 6.2.2009 holding that the respondent was not his 2 wife. On perusal of that judgment, I find that the judgments and findings of the civil Court are not referred to in that judgment. In this regard finding of the civil Court is pre­ dominant. It was then sought to be contended that the amount of Rs.1500/­ towards the maintenance was excessive. On perusal of the impugned judgment and order, I find that it has been held that the respondent is getting pension of Rs.2000/­ per month and also had landed property which stand in his name. In my view, no fault can be found in the impugned order. Hence, First Appeal is summarily dismissed. CIVIL APPLICATION NO.4985 OF 2009 In view of dismissal of the First Appeal, this Civil application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3