1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.1668/2011 IN CIVIL APPLICATION F. NO.858/2011 IN FIRST APPEAL NO.176/2010 Badrinarayan s/o Fattelal Choubey ...Versus... Madanlal s/o Kisanlal Mundhada Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Ms S.O. Tapdiya, Adv. for applicant] CORAM : A.B. CHAUDHARI, J. DATED : 20.07.2011. Heard learned Counsel for the applicant. Learned Counsel for the respondent is absent. This is an application for recalling the order dated 1.4.2011, passed by this Court in Civil Application F. No.858/2011, on the ground that Civil Application No.858/2011 for direction to the appellant to deposit the decretal amount was in fact rejected but it has been recorded that the civil application is allowed. As a matter of fact, civil application for early hearing bearing Civil Application No.859/2011 was allowed. Learned Counsel for the applicant states that execution proceedings have already filed by the respondent. That apart, in view of the legal position that the appellant has not filed any application for stay in this appeal coupled with the fact that there is no reason to 2 make any direction to the appellant to deposit the decretal amount, the Civil Application No.1668/2011 is allowed. The order dated 1.4.2011 in Civil Application No.858/2011 is recalled and the following order in its place is made. O R D E R Civil Application No.858/2011 is dismissed. JUDGE ssw