IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5903 OF 2007 IN FIRST APPEAL NO. 291 OF 2008 Suresh Atmaram Waghmare ...... Applicant V/s. Saubai Atmaram Waghmare .... Respondent ======= Mr.Mohan A.Dharmaraj, adv.for applicant. Mr.R.A.Thorat,adv.for respondent. Coram: Smt.R.P.SondurBaldota, J. Dated: 5 th May, 2009. P.C. :- 1. Heard both the counsels. 2. The First Appeal has already been admitted. By the ad- interim order dated 28th March, 2008 workable arrangement was made to enable the respondent, who is the decree-holder, to acquire suitable residential premises. Accordingly, she has made arrangements for her residence. The applicant is directed to deposit a sum of Rs.3,000/- per month in the court for the purpose. Both the sides agree that the workable arrangement can be continued pending hearing of the Appeal. Mr.Thorat, the learned counsel for the respondent, however has reservations about one of the conditions at para-7(d) of the order dated 28th March, 2008. He submits that it is too harsh to ask the respondent who is an old lady at the mercy of her daughters for her survival, to redeposit the amount in case of the appellant succeeding in the appeal. Considering the age of the respondent and her relationship to the applicant, the condition No.(d) at para-7 of the order as regards filing of the Undertaking before the trial court is dispensed with and stands deleted from the order. The Civil Application is disposed off in terms of the order dated 28th March, 2008 with the above modification. . Certified copy expedited. [SMT.R.P.SONDURBALDOTA, J]