Rajaram Dalsing Ladwal And ANR v. The Ex. Engineer, Irrigation Div. Aurangabad And ANR

56- C.A. 10959-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10959 OF 2022 IN FIRST APPEAL NO. 1900 OF 2022 RAJARAM DALSING LADWAL AND ANR

VERSUS

THE EX. ENGINEER, IRRIGATION DIV. AURANGABAD AND ANR ...

Advocate for Applicants : Mr. Pahune Patil S.n. AGP for Respondent No.2: Mrs. D. S. Jape Advocate for Respondent No.1 : Mr. S.M.. Ganachari ....

CORAM : S. G. DIGE, J.

DATE : 17.08.2022 PER COURT :- Heard learned counsel for the applicant and learned counsel for respondent No.1.

2.

Learned counsel for the applicant submits that, applicant No.2's name is Jairam Rajaram Lodwal, but in the proceeding before Reference Court, his name was mentioned as Jairam Rajaram Lodwal. The applicant No.2 did not notice this fact while the proceeding was pending before the Reference Court. For the frst time applicant came to know about this fact when this Court has permitted to withdraw the amount deposited by respondent No.1. Hence requested for correction of name.

56- C.A. 10959-2022.odt 3.

Learned counsel for respondent No.1 strongly objected to allow the application on the ground that applicant No.2 should have corrected his name before the Reference Court. Hence requested to dismiss the application. 4.

I have heard both the learned counsel. Perused the certifcate issued by Gram Panchayat, Malegaon (K) Salegaon, Tq. Vaijapur, District Aurangabad. It shows that, Jaylal Rajaram Loadwal and Jayram Rajram Loadhwal is one and the same person. Applicant No.2 has stated on oath that, he is the same person but inadvertently his name was mentioned as Jayram before the proceeding of Reference Court. 5.

Considering the submissions of both the learned counsel and reasons mentioned in the application, the application is allowed in terms of prayer clause 'B'. Applicant to carry out amendment within two weeks.

( S.G. DIGE,) JUDGE ysk