1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10979 OF 2009 ALONGWITH APPEAL FROM ORDER NO.125 OF 2009 Sayyed Gafoor Sayyed Yasin PETITIONER VERSUS Deputy Executive Engineer RESPONDENT Mr.Vivek Bavthankar, learned counsel for petitioner. Mr.H.M.Karwa, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 15/03/2010 PER COURT : 1. Heard learned counsel for petitioner. 2. By the A.O.No.125/2009, the petitioner has challenged the order passed by Civil Judge, S.D.Ambejogai, below Exh.5 on 14/09/2009 and 25/09/2009. In the said AO, this civil application was moved, on which order was passed by my predecessor on 15/10/2009, wherein it is specifically observed in para no.3 that in case amount as directed is not deposited, then this order of restraining defendants shall stands vacated automatically, without back reference to this Court. It is stated across the bar that these 2 directions are given by way of order dated 15/10/2009, but are not complied. Apart from it, even though the A.O. No.125/2009 is filed challenging the order impugned, again the Trial Court is moved on receipt of certain payments made of which the chart was prepared by the petitioner. When the matter was subjudiced before this Court, the petitioner again can not approach the Trial Court during the pendancy of the A.O. No.125/2009 before this Court, but the petitioner has choose his remedy before the Trial Court, and if it is so, now the A.O.No.125/2009 will not remain as it became infructuous. In view of this, this civil application as well as A.O. No. 125/2009 stands disposed of as became infructuous. Leave to petitioner to move the trial court for expeditious hearing of Spl.C.S. No. 60/2008, considering the pendancy of civil suits on the file of Civil Judge, S.D. Ambejogai. (A.V.POTDAR, J.) khs/MAR 2010/cra37-10