1 31-1242-10.sxw srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.1242 OF 2010 IN SECOND APPEAL NO.769 OF 2007 Sou. Tajbi N. Mulla .. Applicant V/s. Dr. Nasruddin R. Mulla .. Respondent Shri S.P.Thorat, for Applicant. Shri Suresh Dubey, for Respondent. CORAM: B.R.GAVAI, J. DATE: 7th September, 2010. PC: 1 This is an application for withdrawal of the amount deposited by the Appellant before the trial court towards maintenance as per the decree of the learned Appellate Court. Learned counsel for the Respondent has vehemently opposed the application. 2 Application is allowed in so far as prayer for withdrawal of the amount deposited in the trial court subject to the applicant furnishing solvent surety to the satisfaction of the learned trial court. 2 31-1242-10.sxw 3 In so far as prayer clause (c) is concerned, the applicant by the present application seeks to enhance the amount of maintenance from R s.2,500 to Rs.7,000/-. Shri Thorat, learned counsel for the Applicant submits that the Respondent is doctor and earing Rs.80,000 to Rs.90,000 per month and as such this court should grant interim maintenance @ Rs.7,000/-. 4 Undisputedly, the present applicant has not filed an appeal against the Appellate decree or any cross objection in the present appeal. In the absence of such a proceedings, by way of prayer in the said application, the relief claimed in that respect cannot be granted. Application, therefore, rejected in so far as said prayer is concerned. (B.R.GAVAI,J.)