: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.494 OF 2007 CIVIL APPLICATION NO.494 OF 2007 CIVIL APPLICATION NO.494 OF 2007 IN IN IN CIVIL APPLICATION NO.1513 OF 2005 CIVIL APPLICATION NO.1513 OF 2005 CIVIL APPLICATION NO.1513 OF 2005 IN IN IN SECOND APPEAL NO.984 OF 2005 SECOND APPEAL NO.984 OF 2005 SECOND APPEAL NO.984 OF 2005 Balu Dashratha Lokare ...Applicant V/s. Pandurang Ganpati Lokare & Ors. ...Respondents Mr.G.R. Agrawal, Advocate, for the Applicant. Mr.Prashant Bhawake, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 13TH FEBRUARY, 2008. DATE : 13TH FEBRUARY, 2008. DATE : 13TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. Prayer in this application is for modification of order dated 18th November, 2005 passed in Civil Application No.1513 of 2005. The contention raised in the application is that due to failing health, the applicant is unable to comply with direction to pay interim maintenance @ Rs.700/- per month. It is contended that the applicant is 72 years of age and considering the expenditure required to be incurred by him on his own medical treatment and medical treatment of his wife, he is now unable to pay Rs.700/- per : 2 : month. 3. Order dated 18th November, 2005 is passed by consent of the parties. Considering the facts and circumstances of the case, no case is made out for modification of the earlier order. Considering the fact that the applicant is a senior citizen, hearing of the Second Appeal deserves to be expedited. 4. Hence, Application is rejected. However, hearing of the Appeal is expedited. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]