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Bombay High CourtCA/8325/2022disposed off

Jagannath Bhika Tayade Died Thr His Lrs Bhausaheb Jagannath Tayade Died Thr Lrs Kamalabai And ORS v. The Executive Engineer, Minor Irrigation Division No.1, Aurangabad And ANR

2022-06-14Hon'Ble Shri Justice S. G. Dige2 pages

S-CA-8325-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8325 OF 2022 IN FIRST APPEAL NO. 5038 OF 2017 JAGANNATH BHIKA TAYADE DIED THR HIS LRS BHAUSAHEB AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANOTHER ...

Advocate for Applicant : Mr. A.M. Hajare ...

CORAM : S.G. DIGE, J.

DATE : 23rd JUNE, 2022 PER COURT :- .

Not on board. Taken on board.

2.

The motion is made for speaking to the minutes. 3.

The learned Counsel for the applicants submits that, this Court by order dated 14th June, 2022 has allowed the applicants to withdraw the amount. In the operative order it is mentioned that, "applicants are allowed to withdraw 75% of the deposited amount with usual undertaking before the learned Registrar (Judicial)".

4.

Learned Counsel for applicants submits that, the Pooja K.

S-CA-8325-2022.odt amount is deposited before the Reference Court i.e. Civil Judge, Senior Division, Vaijapur. Hence, the applicant would give the undertaking before the Reference Court, Vaijapur. 5.

Applicants are requesting to make necessary correction in operative part of the order.

6.

In view of the above, in the order dated 14th June, 2022 in clause (i) of the operative part of the order instead of "applicants are allowed to withdraw 75% of the deposited amount with usual undertaking before the learned Registrar (Judicial)" be substituted as "applicants are allowed to withdraw 75% of the deposited amount with usual undertaking before the Reference Court i.e. Civil Judge, Senior Division, Vaijapur", correction be made accordingly.

7.

The motion stands disposed of.

(S.G.DIGE, J.) Pooja K.