1 280.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.280 OF 2010 IN FAMILY COURT APPEAL NO.89 OF 2009 Mr.Ajay Ramrao Chavan ...Applicant Versus Mrs.Sampada Ajay Chavan ...Respondent ...... Ms.Seema Sarnaik for Applicant. Mr.Uday Warunjikar for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- DECEMBER 7, 2010. P.C. In the light of the observations made in the companion order passed in Civil Application No.279 of 2010 filed by the Respondent/Wife, this Application will have to be disposed of on the following terms: (1) If the Respondent/wife fails to physically occupy the said premises offered by the Applicant/husband situated at B-2, Heramb Heights, Tukai Darshan, Fursungi, Pune which is already in possession of the Respondent/wife under her lock and key on or before 15th January, 2011, the Applicant will be absolved from paying amount of Rs.4,000/- per 2 280.10.sxw month which is provided as compensation to the Respondent/wife in lieu of accommodation to be provided to her at Kolhapur. (2) On the other hand, if the Respondent/wife physically occupies the aforesaid premises on or before 15th January, 2011, the Applicant/husband would continue to pay monthly license fees and honour his commitment of providing her accommodation in Pune until the disposal of the Appeal. (3) However, if the Respondent/wife chooses not to occupy aforesaid premises at Pune within the specified time, the Applicant will be free to take steps to take over the possession of the said premises so that the same can be handed over to the Licensor. If such Application is filed, it will be considered on its own merits in accordance with law, at the appropriate stage. Ordered accordingly. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)