1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Civil Application No. 2610 of 2010 IN First Appeal No. 733 of 2009 [Jeewan Jaimal Fulzele Vs. Heerabai Jeewan Fulzele] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.P. Thote, Adv., for the applicant. Mr. K.P. Sadavarte, Adv., for respondent. ----- CORAM : A.H. JOSHI AND P.B. VARALE, JJ. DATE : 14th January, 2011. 01. On 28th July, 2010, at the time of admitting appeal, this Court had ordered that the appeal is admitted subject to the condition that the appellant shall deposit entire arrears of maintenance in this Court within twelve weeks from 28th July, 2010, as per the impugned Judgment. 02. Today, learned Adv., for the applicant states that by order dated 19th October, 2010, time to deposit was extended by four weeks. 03. According to learned Adv., Mr. R.P. Thote, the order could not be complied with, as the applicant has suffered heart attack, and is 2 admitted in the hospital, and he has no contact with him. Mr. Thote further states that considering the disability of the applicant, in the interest of justice, he is making an oral request for enlargement of time for deposit. 04. In so far as present application is concerned, the applicant is praying for modification of the order making deposit as a condition. The applicant has offered as a ground for modification, inter alia, that by order dated 4th January, 2010, this Court directed deposit of Rs. 1,00,000-00 in a Fixed Deposit joint account, which, according to the applicant, he has done. 05. Learned Adv. Mr. Sadawarte for the respondent states that the account, copy whereof is shown at page 13, is single and not a joint account. 06. Learned Adv. Mr. Thote states that in absence of respondent s co-operation, it is not possible to open a joint account. Learned Adv. Mr. Thote undertakes to deliver forms or other papers required for converting the said account into a joint account to the respondent by Registered Post Acknowledgment Due. If the compliance is done, the account held in individual name shall be converted into a joint account. 3 07. In so far as the question of modification of the order dated 28th July, 2010 passed by this Court at the time of admission of appeal is concerned, no grounds are made out for modification. 08. Hence we pass following order:- [A] The prayer for modification is rejected. [B] We enlarge the time fixed by this Court in the order dated 28th July, 2010, till 26th February, 2011 for depositing arrears of amount of maintenance. Judge Judge |Hedau|