1 CA-3012-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3012 OF 2011 IN CIVIL APPLICATION NO.2385 OF 2010 IN FIRST APPEAL [STAMP] NO.15625 OF 2010 Pramod Dattatray Deshpande ..Applicant Vs Sunil Vasant Sathe ..Respondent -- Mr.Rajesh More, for applicant. Mr.V.S.Gokhale, for respondent. -- CORAM : R.G.KETKAR, J. DATE : 22nd JULY, 2011 P.C: Heard Mr.Rajesh More, learned counsel for applicant and Mr.V.S.Gokhale, learned counsel for respondent. 2] By this application, the applicant seeks modification of order 2 CA-3012-11.sxw dated 6 th August, 2010 in so far as condition of depositing the amount as per clause 2 of the said order. 3] By order dated 6 th August, 2010, the applicant was directed to deposit amount of compensation for the period from February, 2003 till December, 2006 at the rate of Rs.3,000/- per month in this Court, within four weeks from that date. In that order, statement of the learned counsel for the applicant was recorded to the effect that the applicant will deposit the said amount in this Court within four weeks from the date of order. In view of this, ad-interim order in terms of prayer clause (a) of the Civil Application No.2385 of 2010 was granted. 4] Subsequently, the applicant moved this Court for extension of time to deposit the amount. Accordingly, further two weeks’ time was granted to deposit the amount pursuant to order dated 6 th August, 2010. The matter was thereafter heard on 1 st July, 2011 and learned counsel for the applicant pointed out that the applicant has taken out a Civil Application for modification of order dated 6 th August, 2010. In 3 CA-3012-11.sxw view of this, only by way of indulgence, Civil Application was adjourned to 27 th July, 2011 and it was made clear that unless the order is modified, stay will have to be vacated. 5] In support of this application, Mr.More contended that though the applicant is a Doctor by profession, he is not in a position to deposit the amount. He is a cardiac patient and suffering from other physical ailments. The applicant is leaving alone and all his family members are against him. The wife of the applicant has also filed a complaint against him under the Domestic Violence Act. He has filed an application against his son for maintenance in the Family Court because he is not having sufficient income as he is an Ayurvedic Doctor. 6] I have considered the submissions made by the learned counsel for the applicant. I do not find any justifiable ground to modify order dated 6 th August, 2010. The applicant is admittedly occupying the suit premises and has, admittedly, not paid the compensation for the period from February, 2003 till December, 4 CA-3012-11.sxw 2006. Though time was taken to deposit the amount, no amount is deposited. In view of this, no case for modification is made out. Civil Application is rejected. Ad-interim stay stands vacated. [R.G.KETKAR, J.]