1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.2 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri P.N. Kutti, Advocate for the appellant, Shri Sameer Shaikh Advocate holding for Shri S.P.Shah for Respondent Nos. 1 to 5, Shri D.B.Thoke Advocate for Respondent No. 7 and Shri R.P Phatke, Advocate for Respondent No.9. Heard learned counsel for the parties. This appeal from order is directed against the order passed by Adhoc District Judge-I, Jalgaon, in Regular Civil Appeal No.151 of 2008 on 1.7.2008, thereby staying execution of the decree passed by the IVth Civil Judge, Senior Division, Jalgaon, in Special Civil Suit No.248 2 of 1998 on 28.4.2008. 2. It appears that the impugned order dated 1.7.2008 passed by learned Adhoc District Judge-I, Jalgaon, was an exparte order, as only the Advocate of the appellant before that court was present and it does not appear that any notice was given to the Respondent. This appeal is filed by original Defendants Nos. 1 to 3. It is submitted by Mr.Kutti, learned counsel for the appellants that before passing the impugned order staying execution proceedings till final disposal of that appeal, the respondents ought to have been heard. 3. After going through the impugned order, in my opinion, present appellants can very well make application to recall the impugned order and the court has the powers to review or modify the order passed by it earlier. 3 4. In this view of the matter, liberty to the appellants herein to make necessary application before the District Court for recalling or modifying the impugned order and the court shall consider the same on its own merits. 5. Appeal is disposed of. Date:28/07/2009 (P.R.BORKAR, J.) pnd/ao2.09