1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.364 OF 2008 LETTERS PATENT APPEAL NO.364 OF 2008 LETTERS PATENT APPEAL NO.364 OF 2008 IN IN IN WRIT PETITION NO.1675 OF 2008 WRIT PETITION NO.1675 OF 2008 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, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 6TH FEBRUARY, 2009 DATE: 6TH FEBRUARY, 2009 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 2 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.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)