IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 2277 of 2005 In Appeal No. 253 of 2004 In Contempt Petition No. 90 of 1999 In Notice of Motion No. 734 of 1998 In M.J. Suit No. 49 of 1998 Mr. Ahmed Raza Moulvi .. Appellant V/s. Mrs. Baitul Ahmed Moulvi .. Respondent Mr. A.N. Maniyar for the Appellant None present for the Respondent CORAM : DR. S. RADHAKRISHNAN & CORAM : DR. S. RADHAKRISHNAN & CORAM : DR. S. RADHAKRISHNAN & S.C. DHARMADHIKARI, JJ. S.C. DHARMADHIKARI, JJ. S.C. DHARMADHIKARI, JJ. DATED : 07.10.2005. DATED : 07.10.2005. DATED : 07.10.2005. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the Appellant. Prayer clause (a) of the above Notice of Motion is as under:- (a) that the time granted by this Hon’ble Court by its order dated 18/07/2005 in Notice of Motion No. 3410 of 2004 in this Appeal permitting the Appellant to deposit the sum of Rs. 1 lac with the Prothonotary & Senior Master of this Court within four weeks from that day, the order of simple imprisonment for a term of 90 days passed by the learned Single Judge on 05/12/2003 in contempt petition No. 90 of 1999 shall remain stayed, be extended by a period of four weeks for depositing the said amount of Rs. 1 lac with Prothonotary & Senior Master of this Court. 2. This Notice of Motion is taken out on 16.8.2005. Mr. Maniyar, the learned counsel for the Appellant states that even till now, the Appellant is unable to deposit the said sum of Rs. 1 Lakh, which he was ( 2 ) directed to deposit by our order dated 18.7.2005. Under these circumstances, the present Notice of Motion itself has become infructuous, since he has sought extension of period of four weeks from 16.8.2005, which itself has expired, hence the Notice of Motion stands dismissed. (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (S.C. DHARMADHIKARI, J.) (S.C. DHARMADHIKARI, J.) (S.C. DHARMADHIKARI, J.)