IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2640 OF 2008 IN FIRST APPEAL NO.2784 OF 2006. Mothabhau Chitram Pawar. ... Applicant. v/s. Latabai K. Bafna & ors. ... Respondents. Mr. Suresh M. Sabrad, Advocate for the Applicant. Ms. Pallavi Dabholkar h/f. G.S. Godbole, Advocate for Respondent No.1. Mr. N.V. Gangal, Advocate for Respondent No.2. Coram :- S.S.Shinde, J. Date :- 5th June, 2008. P.C. :- Heard learned Advocate appearing for the Applicant. By way of this application, the Applicant seeks modification of order dated 29th February 2008 passed by this Court, which reads as under :- “1. Heard advocate appearing for the applicant. The first respondent is served. None appears for the first respondent. Advocate for the applicant states that he has complied with ad-interim order dated 05th December, 2007 by depositing a sum of Rs.50,000/- with the trial court. In view of this statement, there will be interim relief in terms of prayer clause (a). For the time being, the amount deposited by the applicant will be invested in the fixed deposit with any nationalised bank.” 2. The Applicant in this application has brought to the notice that the amount of Rs.50,000/- which was deposited before the Trial Court has been withdrawn by the Applicant on 28th January 2008. It seems that the amount of Rs.50,000/- has already been withdrawn on 29th January 2008, this was not brought to the notice of the Court and therefore, this Court on 29th February 2008, directed to deposit the amount of Rs.50,000/- in the fixed deposit with any Nationalised Bank. 3. Since the amount of Rs.50,000/- which was deposited, has been withdrawn by the Applicant on 29th January 2008, the part of the earlier order dated 29th January 2008 directing to deposit the amount in any Nationalised Bank is recalled and it is stated that the order dated 29th January 2008 is modified as under :- “Since the amount of Rs.50,000/- is already withdrawn, there is no question of depositing that amount by way of fixed deposit in any Nationalised Bank.”, 4. The Application is allowed to the above extent and disposed of. (S.S. SHINDE, J.)