1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12727 OF 2009 IN CIVIL APPLICATION NO. 3309 PF 2009 IN FIRST APPEAL NO. 181 OF 1998 Rambhau Madhavrao Avhad and another .. .. Applicants Versus Rambhau Bajaba Sirsath Died-through-L.Rs Smt. Seetabai Rambhau Sirsath and others .. .. Respondents Shri M. R. Sonwane, Advocate for the Applicants. Shri C. K. Shinde, Advocate for the Respondents No. 1 to 3. The Respondents No. 4 to 5 served – absent. CORAM : N. D. DESHPANDE, J. DATE : 07TH DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Sonwane, learned counsel for the applicant and Shri Shinde, learned counsel for the respondents No. 1 to 3. This is an application for recalling the order dated 06.11.2009 and to expedite the hearing of first appeal. The applicants felt aggrieved 2 when this Court passed an order dated 06.11.2009 allowing the respondent widow to withdraw all amount which was deposited by the appellant as per order of this Court at the time of granting stay. Earlier Rs. 40,000/- only was allowed to be withdrawn which she withdrew and the respondents requested for withdrawal of the balance of amount of Rs. 29,000/- was turned down. This fact was not mentioned in the application. It was subsequently made. 2. Perused the application. There is no mention about the earlier rejection of the withdrawal of the amount. However, parties agreed that matter be fixed for final hearing and money is not so far withdrawn. As such, the order dated 06.11.2009 in the light of earlier order passed of rejection on record with consent of both the parties is hereby recalled. 3. Fix the appeal for final hearing in the first week of January 2010 with the consent of both the sides. The civil application is partly allowed and disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Dec.09