(1) SA. 290.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 290 OF 2009 Ashroba S/o Gangadhar Sase, Age : 27 years, Occu.: Agri., R/o Pachegaon, Tq. Jintur, Dist. Parbhani .. Appellant VERSUS Sow. Sarswati Ashroba Sase, Age : 23 years, Occu.: Agri., C/o. Janardan Namdeorao Aher, R/o. Nilegaon, Tq. Aundha, Dist. Hingoli .. Respondent WITH CIVIL APPLICATION NO. 4448 OF 2009 IN SECOND APPEAL NO. 290 OF 2009 Ashroba S/o Gangadhar Sase .. Applicant VERSUS Sow. Sarswati Ashroba Sase .. Respondent Mr. Swapnil S. Rathi, Advocate for the appellant-applicant Mr. A.S. Lomte, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 9TH OCTOBER, 2009 ORAL ORDER:- 1] Heard. The appeal can be disposed of at this stage. The appellant husband did not file written statement in this suit seeking maintenance for wife. The trial Court decreed the suit. The learned Judge of the first appellate Court did not remand the case back but dismissed the appeal of the husband. (2) SA. 290.2009 2] I think the appellant-husband deserves an opportunity to file written statement and contest the suit on merits, but such indulgence would come with stiff conditions. I am imposing certain conditions, which are enumerated below:- ORDER (I) On the appellant’s depositing the entire arrears and Rs.2000/- as the costs, which the learned Judge of the first appellate Court imposed on the appellant, in the trial Court on or before 16.11.2009, this second appeal shall stand allowed and both the judgments and decrees passed by the Courts below, shall stand vacated. If the amount as directed above is not deposited, the second appeal shall stand dismissed. (II) The trial Court shall dispose of the suit within six months from 16.11.2009. 3] The Second Appeal stands disposed of in the above terms. 4] In view of disposal of the Second Appeal, Civil Application no. 4448 of 2009 seeking stay does not survive and the same stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp