Dinanath Nagnath Mairan (Died) Lrs. Vijaya Dinanath @ Dinkar Mairan And Others v. The Ex. Engineer, Minor Irrigation Division, Osmanabad And ANR

1 9657.2018CA.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

980 CIVIL APPLICATION NO.9657 OF 2018 IN FA/2404/2016 WITH CA/610/2015 IN FA/2404/2016 WITH CA/9660/2018 IN FA/2404/2016 WITH CA/9661/2018 IN FA/2404/2016 WITH CA/9662/2018 IN FA/2404/2016 WITH CA/12309/2018 IN FA/2404/2016 WITH CA/12310/2018 IN FA/2404/2016 WITH CA/12311/2018 IN FA/2404/2016 WITH CA/13481/2018 IN FA/2404/2016 DINANATH NAGNATH MAIRAN (DIED) LRS.

VIJAYA DINANATH @DINKAR MAIRAN .. Applicant

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. OSMANABAD AND ANR ..Respondents ...

Advocate for Applicant : Shri V.S. Tanwade Advocate for Respondent No.1 - Shri S.G. Sangle AGP for Respondent No.2 - State : Shri S.B. Narwade ...

CORAM : P.R. BORA, J.

Dated: October 31, 2018 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties. In view of the certain applications filed before the Executing Court, some corrections are to be made in the original Judgment and Decree. The request is, therefore, made for sending back the record and proceedings to the trial Court. I see no reason to disallow the present application. Hence, the following order.

ORDER

(i) Civil Application No.13481 of 2018 is allowed.

2 9657.2018CA.CA.doc (ii) The Record & Proceedings received in First Appeal No.2404 of 2016 arising out of LAR No.124 of 2007 be sent back to the reference Court, with a further direction that after the proceedings filed in the said Court are concluded, the record be forthwith sent back to this Court.

(iii) Civil Application stands disposed of.

( P.R. BORA, J. ) ...

ggp