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Bombay High CourtCA/5635/2018admittedallowedgrantedrule absolute

Himatlal Lalchand Desai v. The State Of Maharashtra Thro. The Collector, Ahmednagar And Others

2018-04-26Hon'Ble Shri Justice V.L. Achliya2 pages

1 C.A. 5635.2018 in S.A. 185.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 CA/5635/2018 IN SA/185/2015 HIMATLAL LALCHAND DESAI

VERSUS

THE STATE OF MAHARASHTRA THRO. THE COLLECTOR, AHMEDNAGAR & ORS.

...

Mr. V.Y.Bhide, Advocate for Applicant.

Mr. V.S.Badakh, A.G.P. for State.

...

CORAM : V.L.ACHLIYA, J.

DATE : 26th APRIL, 2018 ...

ORAL ORDER :

1.

The applicant/respondent has moved this application seeking following reliefs [b] and [c]:

[b] Appellant non-applicant herein may kindly be directed to correct the name in full of the respondent - decree holder in S.A. No. 185/2015 as Himmatlal Lilachand Desai as against the incorrect nomenclature appearing as Himatlal Lalchand Desai in cause title of the Appeal memo.

[c] Applicant herein may kindly be permitted to correct

2 C.A. 5635.2018 in S.A. 185.2015 his name in full in the cause title of C.A. 1412/2018 filed in S.A. 185/2015 as Himmatlal Lilachand Desai as against the incorrect nomenclature appearing as Himatlal Lalchand Desai and consequentially the cause title of the order dated 01/03/2018 passed in C.A. 1412/2018 may kindly be corrected.

2.

Heard learned counsel for the applicant/respondent and learned A.G.P. for the appellant.

3.

Learned A.G.P. concede that there is typographical mistake in the memo of Appeal filed by them and the name of respondent is wrongly mentioned "Himatlal Lalchand Desai" in place of "Himmatlal Lilachand Desai". Since the mistake being typographical mistake, deserves to be corrected. Accordingly, the application stands allowed in terms of prayer clause [b] and [c]. 4.

The application stands disposed of in above terms. [V.L.ACHLIYA, J.] KNP/C.A. 5635.2018 in S.A. 185.2015