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2026 DAILYLAW 9597 (BOM)

GOVINDRAO S/O MAHADEORAO THAWALI v. DINESH S/O LALANJI GUPTA

CAW/2395/2026 · 2026-09-21

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6 wp 5451-2019.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.2395 OF 2026 IN WRIT PETITION NO. 5451 OF 2019 Govindrao S/o Mahadeorao Thawali VERSUS Dinesh S/o Lalanji Gupta - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri P.R. Agrawal, Advocate for petitioner Shri A.W. Paunikar, Advocate for respondent CORAM : PRAVIN S. PATIL, J. DATE : 21.09.2026 1. By this application, the applicant is seeking clarification of the order dated 16.01.2026. It is pointed out that Rs.2,00,000/- were deposited by him before the Executing Court i.e. Civil Judge Junior Division, Morshi, to show his bonafide. This Court has then decided the matter finally by judgment dated 23.12.2021 subject to cost of Rs.25,000/- to be paid to respondent within 15 days or deposit the same to Appellant Court. In the circumstances, he seeks clarification that Rs.2,00,000/- which he has deposited before the Executing Court, be allowed to withdraw in the matter. However, this fact was not considered and there is ambiguity in the order of this Court dated 16.01.2026. 6 wp 5451-2019.odt 2 2. In view of this, Clause-2 of the order dated 16.01.2026 be read as under: “2. In view of the disposal of the present petition by order dated 23.12.2021, the petitioner has deposited Rs.25,000/-. It is pointed out that Rs.2,00,000/- are deposited before the Executive Court i.e. Civil Judge Junior Division, Morshi. In view of this, the petitioner is permitted to withdraw Rs.2,00,000/- with accrued interest which he has deposited before the Executing Court.” 3. Clause No.4 of the order shall be deleted. 4. Necessary correction be carried out and corrected order be uploaded. (PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 21/09/2026 18:35:40