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Bombay High CourtCA/11017/2022disposed off

Vithoba Tulshiram Bhillare, Died Thr Lrs. Subhadra (Died) Thr Lrs. Shindubai And Others v. The Executive Engineer, Osmanabad Medium Project, Div. Osmanabad And Others

2022-07-26Hon'Ble Shri Justice S. G. Dige2 pages

11016.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.11016 OF 2022 IN CIVIL APPLICATION NO.13741 OF 2021 IN FIRST APPEAL STAMP NO.23559 OF 2020 WITH CIVIL APPLICATION NO.11017 OF 2022 IN CIVIL APPLICATION NO.13740 OF 2021 IN FIRST APPEAL STAMP NO.22810 OF 2020 SADASHIV KHAITRI BHILLARE (DIED) THROUGH L.Rs. SHAKUNTALA SADASHIV BHILLARE & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIV. OSMANABAD & OTHERS ...

Advocate for Applicants in both CA : Mr.A.S.More AGP for Respondent-State in both CA : Mrs.D.S.Jape Advocate for Respondent nos.1 and 3 in both CA : Mr.R.A.Tambe ...

CORAM : S.G.DIGE, J.

DATE : 26.07.2022 P.C. :

1] Heard the learned counsel for the applicants, learned AGP for the respondent-State and learned counsel for respondent nos.1 and 3.

2] The learned counsel for the applicants submits that by order dated 30th June, 2022, this Court has disposed of these Civil Application filed by the applicants on the

11016.22CA ground that amount is withdrawn by the applicants. But, the said amount is not withdrawn by the applicants, hence, requested to recall the order dated 30.06.2022. 3] I have heard all learned counsel. This Court has disposed of these Civil Applications on submission of the learned counsel for the applicants. It is the contention of the learned counsel for the applicants that his Junior was present on that day. Be that as it may, as the applicants have not withdrawn the amount, hence, I pass the following order :

ORDER

I] The order dated 30.06.2022 is recalled.

Accordingly, Civil Application No.13741 of 2021 and Civil Application No.13740 of 2021 are restored in their original position.

II] Civil Applications are disposed of accordingly. [S.G.DIGE] JUDGE DDC