Waghambar Ambaji Yamgar (Died) Through Lrs Shanta Vagambar Yamgar And ORS v. The State Of Maharashtra Through Collector Latur And Others

2025:BHC-AUG:9384

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 2955 OF 2025 IN FA/1625/2018 Waghambar Ambaji Yamgar (Died) Through LRs Shanta Vagambar Yamgar And Ors

Versus

The State of Maharashtra Through Collector Latur And Others .....

Shri. Sagar P. Mahale h/f. Shri. Shaikh Mazhar A. Jahagirdar, Advocate for the Applicants Shri. R. B. Dhaware, AGP for the Respondent / State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MARCH 27, 2025 PER COURT :- .

This is the Application with the following prayers : "A) Application may kindly be allowed;

B) The applicants may kindly be permitted to correct the name of applicants in Civil Application No.15212 of 2023, as sought in the present civil application by passing necessary order.

C) Any other relief to which the applicants are found entitled to in the peculiar facts and circumstances of the case may kindly be granted."

2.

It is submitted by the learned Advocate for the Applicants that they had moved Civil Application No.15212 of 2023 wherein the incorrect names of the Applicants were mentioned. In support of the said contention, he pointed to paragraph nos.5 and 6 of this Application which reads thus :

"5.

The applicants had to approach the office of the Hon'

ble Registrar (Judicial) to release the amount in their joint bank account in pursuance of the withdrawal order. The applicants noticed that the name of applicant No.02 to 04 were mentioned on their before marriage Applicant No.1 name was written as Shantabai Waghambar Yamgar instead of Shanta Vagambar Yamgar and Applicant No.2 name was written as Pratibha Waghambar Yamgar instead of Pratibha Pandurang Devkate and Applicant No.3 name was written as Shivnanda Waghambar Yamgar instead of Shivananda Maroti Surnar and Applicant No.4 name was written as Nikita Waghambar Yamgar instead of Nikita Gangaram Pole and Applicant No.5 name was written as Hari Waghambar Yamgar instead of Pravin Vagambar Yamgar. The mistake in the name has caused the non-release of amount in the name of applicants. The same thus needs to be corrected. 6.

The applicants state and submit that, the applicants are extremely in the need of money."

3.

It is submitted by the learned Advocate for the Applicants that the names mentioned in the said Civil Application No.15212 of 2023 did not match with the names of the Applicants mentioned in the bank details and therefore, they are unable to withdraw the amount though the said Application was allowed by order dated 13.12.2024. He submits that it was the error in the names of the Applicants in the said Application.

4.

The learned AGP appearing for Respondent Nos.1 to 3 submits that appropriate orders be passed.

5.

Considering the above submissions and the above referred aspects, this Application which is for correction of names of the

Applicants in Civil Application No.15212 of 2023 is allowed. Amendment be carried out within a period of two (2) weeks. Needless to mention that the Applicants will have to provide necessary details in respect of their identity as the Legal Heirs of Deceased Waghambar Ambaji Yamgar. Civil Application stands disposed off. ( NEERAJ P. DHOTE, J. ) GGP