: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 WRIT PETITION NO. 2526 OF 2009 WRIT PETITION NO. 2526 OF 2009 WRIT PETITION NO. 2526 OF 2009 Baban Maruti Patil ..Petitioner versus Sajakka Maruti Patil & Ors. ..Respondents Mr. Machindra Deshmukh for the Petitioner. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 8TH APRIL, 2009 DATE : 8TH APRIL, 2009 DATE : 8TH APRIL, 2009 P.C. P.C. P.C. . The petitioner has challenged the Order of the 4th Joint Civil Judge Junior Division, Islampur, dated 17.10.2008 directing interim maintenance. 2. The learned counsel for the petitioner submitted that the respondent No. 1 - plaintiff who has claimed maintenance being the adoptive mother of the petitioner has sufficient means of income to maintain herself. This contention seems to be contrary to the facts. 3. It is found that the respondent No.1 is a widow who, at the most, is in possession of 12 R of :2: land. At this stage, the court did not find any evidence to show that she is getting any income from this property. On the other hand, the petitioner is found to have land to the extent of 89 R. This land is Bagayat land whereas the land in possession of the respondent No.1 is a Jirayat land. 4. There is no dispute that the suit properties are the ancestral properties of the husband of the respondent No.1 i.e. the adoptive mother. The learned trial court has rightly observed that the petitioner is not entitled to divert the estate of the adoptive family and is liable to maintain his mother. 5. In this view of the matter, having regard to the fact that the interim order for maintenance is passed on facts, there is no reason to interfere. The petition is dismissed. Suit is expedited. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)