1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. M - 161 OF 2009 IN FAMILY COURT APPEAL NO. 103 OF 2009 Mrs. Chaya Parshuram Pawar. ... ... Applicant. Versus Parshuram Laxman Pawar. ... ... Respondent. None present for the Applicant. Mr. M. S. Athalye i/by Mr. V. A. Shastry for the Respondent. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 9TH JUNE, 2010. P. C.: None appears for the appellant / applicant when the matter is called out. 2. This application is for stay of operation of the impugned judgment and decree of divorce passed by the Family Court. The appeal against the said decree is already admitted in terms of the order dated 3rd July, 2009. The Court while admitting the appeal has already dispensed with the printing of the appeal paper book. We are in agreement with the submission made by the learned Counsel for the respondent that even if any interim relief has to be granted in favour of the appellant during the pendency of the appeal that however shall be on a condition that the appellant shall take steps to file private paper book consisting all the relevant pleadings, evidence and documents which were part of record before the 2 lower Court and would be relied by the parties during hearing of the appeal, within reasonable time. 3. We, therefore, direct the applicant/appellant to file private paper book to be supported by affidavit to the effect that the documents contained therein were part of record before the lower Court. That be done within six weeks from today, failing which the appeal shall stand dismissed for non-prosecution without further reference to the Court. 4. Subject to above, interim stay of impugned judgment and decree is granted which will continue till the disposal of the appeal. We make it clear that the interim relief is only to the extent of decree of divorce and not in relation to the order of maintenance as such. 5. The civil application is disposed of in the above terms. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)