Saifan Hussain Nadaf Through Lrs Tolan Saifan Nadaf And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:19761 This Order is Speaking to Minutes order of order dated // 1 wp 4000.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4000 OF 2020 1.

Saifan Hussain Nadaf, Since dead, Through Legal Heirs, 1-A Tolan Saifan Nadaf and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri B. A. Shinde, A.G.P. for the Respondent Nos. 1 to 4. Shri Shambhuraje V. Deshmukh, Advocate for the Respondent Nos. 5A and 5B.

CORAM : SHAILESH P. BRAHME, J.

DATE : 04TH AUGUST, 2025.

ORDER :

.

This motion is for speaking to minutes to judgment and order dated 28.07.2025.

2.

A correction is solicited in para No. 44 Clause B of the judgment. The finding which is directed to be recorded by the Superintendent of Land Records will be needed in the connected Second Appeal No. 303 of 2019. It is submitted that when initially issue was referred, suit was pending. Thereafter Trial Court and Appellate Court decided the matter, which culminated into the second appeal. Second Appeal No. 303 of 2019 is subjudice, which is arising out of the suit in which the issue was referred to the Superintendent of Land Records. Once he is

This Order is Speaking to Minutes order of order dated // 2 wp 4000.20 directed to return the findings, further direction of returning the findings to the High Court for the purpose or in the second appeal concern needs to be incorporated.

3.

The mistake is due to inadvertence and to avoid further complications, it is necessary to rectify the mistake. 4.

After last sentence of para No. 44 Clause B of the judgment dated 28.07.2025, following words be added, "Finding shall be returned to the High Court in Second Appeal No. 303 of 2019". 5.

Necessary corrections be carried out and corrected copy of judgment be uploaded. Motion is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Aug. 25