1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 789 of 2008 IN SECOND APPEAL NO. 612 of 2007 Vimal Bbanrao Sawant & ors. .. Applicants versus Sunil Madhukar Sawant & ors. .. Respondents ... Mr.Milind Deshmukh for the applicants. Mr.Vikas Shivarkar for the respondents CORAM : D.G. KARNIK, J DATED : 17th November 2008 P.C.: 1. Mr.Shivarkar appears for respondent and prays for time as he wants to apply for withdrawal of the appearance. Request for adjournment is strongly objected by the counsel for the appellant. Counsel states that the applicant no.1 is a widow and applicant nos.2 to 4 are children of Late Babanrao and do not have means of maintenance. Matter is 2 being delayed by the respondents on one pretext or the other and therefore request should not be granted. Submission is accepted. Request for adjournment is rejected. 2. After rejection of the request of adjournment, heard counsel for the applicants and respondents. 3. Counsel for the applicants submits that the appeal filed by the respondent has been dismissed for non prosecution. Application made by respondents for restoration of the appeal has also been dismissed. Applicants may therefore be permitted to withdraw the amount of maintenance which has been deposited in this court. 4. Counsel for the respondents submits that the permission of the withdrawal of the amount may be granted subject to the applicants furnishing a bank guarantee. 5. In my view, applicants cannot be directed to furnish a bank guarantee for permission to withdraw the amount. The amount is of maintenance. Appeal of the respondents has been dismissed and even the restoration application has been dismissed. In the 3 circumstances, the applicants cannot be asked to furnish a bank guarantee. 5. The application is allowed in terms of prayer clause (a). 6. Counsel for the respondent prays for stay of operation of this order to enable them to approach the appellate Bench. The operation of this order is stayed for a period of two weeks. (D.G. KARNIK, J)