{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7727 OF 2010 IN CIVIL APPLICATION NO.7454 OF 2009 IN WRIT PETITION NO.764 OF 2008 Wahab s/o Isamiya Deshmukh Applicant Versus Wahad Osmanmiya Deshmukh and another Respondents Mr.V.D.Salunke, advocate for the applicant. Mr.R.L.Kute, advocate for Respondent No.1. CORAM : R.M.BORDE, J. DATE : 7 th September, 2010 PER COURT: 1 The applicant is seeking modification of the order passed by this Court on 7th October 2008 in Civil Application No. 10493 of 2008, whereby interim relief is granted on condition of deposit of Rs.15,000/- per year. 2 It is contended that at the time when the application was argued, it was demonstrated to the Court that the disputed property admeasures 60 ares, whereas, subsequent to passing of the order, an application came to be presented being Civil {2} Application No.11273/2008, requesting for effecting correction in the order and for mentioning the area as 16 acres 14 gunthas i.e. 6 hectares 54 ares in stead of 60 ares. It was contended that interim order in respect of deposit of amount on consideration of area of the property, being 60 ares, needs to be modified after bringing on record correct facts by presenting Civil Application No.11273/2008. 3 I have perused the order passed by this Court on 7th October 2008. The interim relief is grantedfor the reason that during continuance of the proceedings, by way of an interim order of injunction, the possession of appellant was protected by this Court. Although, in para 2 of the order, the area of the land is mentioned as 60 ares, that appears to be inadvertent mistake and the said order dated 07.10.2008 was passed in presence of both the parties. The Respondent in the application, was represented by the Counsel and after hearing the parties, order came to be issued. The inadvertent error, that occurred in mentioning the area in para 2 of the order is corrected while considering subsequent application bearing No.11273/2008 and while considering the said application also, Counsel appearing for Respondents in the said application was present and was heard. 4 Counsel appearing for the applicant states that while the earlier order, was passed on Civil Application No.10493/2008, the applicant herein was not represented. Even otherwise, the record of the Court shows area of the property to be 6 hectares 54 {3} ares. On consideration of all the relevant circumstances, the order came to be issued, which need not be interfered with. Application is devoid of substance. 5 Civil Application stands rejected. R.M.BORDE JUDGE adb/ca772710