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Bombay High CourtCA/8377/2023disposed off

Kailas S/O Dhondiram Aher And ORS v. Sadashiv Dagadu Patil And ANR

2023-07-11Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

911-CA-8377-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8377 OF 2023 IN FA/1613/2022 KAILAS S/O DHONDIRAM AHER AND ORS ... Applicants

VERSUS

SADASHIV DAGADU PATIL AND ANR ... Respondents ...

Advocate for Applicants : Mr. Gore Ravindra Vitthal Advocate for Respondent No. 1: Mr. Mr. N. R. Pawade ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :11.07.2023 PER COURT :

1. By this application, the applicants are seeking correction of the name of applicant no.1 in the title clause of the appeal as well as application. However, learned Advocate for the applicants admits that the mistake in the name is caused in the judgment passed by the Tribunal. Consequently, he seeks time to take necessary steps for correction in the judgment of the Tribunal. He further points out that the record and proceeding is received to this Court and the same may be remitted back to the Tribunal, so that his application for correction of the name can be considered.

1/2

911-CA-8377-2023.odt 2.

In that view of the matter, the Registry is directed to send back the record and proceedings to the Tribunal for the purpose of entertaining application that would be moved by the applicants. Once the application is dealt with on merits and order is passed, the record and proceedings be sent back to this Court. If the application for correction is filed within four weeks from today, it be considered and decided within four weeks thereafter. In case of failure of applicant to file such application, record and proceedings be transmitted to this Court.

3.

Civil Application is disposed of accordingly. [S. G. CHAPALGAONKAR, J.] Sameer 2/2