1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8255 OF 2009 IN WRIT PETITION NO. 2695 OF 2008 Baburao s/o Umaji Kawale and another ...Applicants Versus The State of Maharashtra and others ...Respondents ..... Mr. N. R. Salunke, advocate for the applicants Mr. N. D. Kendre, AGP advocate for respondent No. 1 Mr. K.J. Suryanwashi, advocate for respondent No.2 ..... CORAM: S. S. SHINDE, J. DATED: 24TH AUGUST, 2009 PER COURT:- 1 This civil application is filed by the original petitioner praying that the order passed by this Court dated 13.7.2009 in civil application No.7119 of 2009, may be modified by allowing the petitioner to publish the summons in newspaper viz. “Punyanagri” (Pune Edition) instead of “Daily Sakal” as ordered by this Court. 2 On perusal of prayer clause “B” of the earlier civil application, it appears that the applicants had prayed to allow them to publish the 2 summons notice to respondent Nos 4 and 5 for appearance by publishing the same in daily newspaper “Punyanagri” Pune. However, this Court in the order dated 13.7.2009 has recorded that publication of notice shall be in “Daily Sakal”. 3 Learned counsel, therefore, would submit that the prayer in earlier application was very specific that the applicants shall be allowed to make publication in the newspaper “Punyanagri”, however, in the order dated 13.7.2009, incorrectly it is recorded that the publication of notice shall be in Daily Sakal. According to learned counsel, the petitioner has inquired about the charges of publication in Daily Sakal and it is learnt that it will be be of Rs.32,000/- for the publication. Therefore, the counsel for the applicants submits that so far the charges of publication in Daily Punyanagri is concerned, it will be only Rs.1000/-. Therefore, in the interest of justice, the learned counsel would submit that the order dated 13.7.2009 may be modified. 4 After hearing learned counsel for the applicants and the respondents concerned, and after perusal of the earlier order passed by this Court and the prayer clause in the earlier application, it appears that even the prayer in the earlier application filed by the petitioner was for publication of notice in newspaper Daily Punyanagri itself. 5 In the aforesaid circumstances, the order dated 13.7.2009 is 3 modified and it is clarified that the applicants can publish the notice in newspaper daily “Punyanagri” (Pune Edition). 6 With this clarification, civil application is disposed of. (S.S. SHINDE, J). rlj/