Waman Trimbak Kakade Died Thr Lrs Mahadeo Wamanrao Kakade And ORS v. The State Of Maharashtra Thr The Collector, Jalna And ORS

41 ca 4173 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 4173 OF 2025 IN FA/1781/2024 Waman Trimbak Kakade Died Thr. LRs Mahadeo Wamanrao Kakade And Ors.

Versus

The State Of Maharashtra Thr The Collector, Jalna And Ors ...

Mr. I. K. Wagh, Advocate h/f Mr. K. M. More, Advocate for Applicants Mr. S. S. Dande, AGP for Respondent/s - State ...

CORUM :

S. G. CHAPALGAONKAR, J.

DATE :

17th APRIL, 2025 ORDER :

1.

Leave to correct the middle name of applicant no. 6 is granted. 2.

Heard Mr. Wagh, h/f Mr. More, learned advocate for applicants. 3.

The present application is filed with following prayer clause : "B) Applicants may kindly be permitted to correct the last name of Applicant no. 6 in First Appeal i.e. Thombare instead of Bobade to Thombare, accordingly in the interest of justice." 4.

The learned advocate for the applicant submits that the original claimant Waman Trimbak Kakade died during pendency of First Appeal No. 1781 of 2024. Therefore, Civil Application No. 2562 of 2024 was moved for bringing his legal representatives on record. The said application is allowed by this Court vide order dated 23.07.2024. 1/2

41 ca 4173 2025 Accordingly, the legal representatives were brought on record in appeal. Later on, appeal was referred to Lok Adalat and same has been disposed by way of compromise. He submits that while typing name of applicant no. 6 in application for bringing legal representatives, her surname has been wrongly typed as 'Bobade' instead of 'Thombare'. The said mistake is carried forward, while carrying amendment in appeal. Eventually, her name is appearing in the award as 'Mangal Bobade' instead of 'Mangal Thombare'. He, therefore, seeks permission to carry correction in title clause of disposed Civil Application No. 2562 of 2024 as well as the First Appeal No. 1781 of 2024. The learned advocate has placed on record copy of Aadhaar Card issued in the name of 'Mangalabai Balasaheb Thombare' in support of his submission.

5.

Considering submission there is no impediment in allowing the application. Hence, following order :

O R D E R

(i) Civil application is allowed in terms of prayer clause (B). (ii) Amendment to be carried out within a period of two weeks from today.

[S. G. CHAPALGAONKAR] JUDGE ks_kamble/ 2/2