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Bombay High CourtCA/10850/2017admittedallowedgrantedrule absolute

Sheshrao S/O. Bapurao Pawar (Died) Thr Lrs Rukhminbai And ORS v. The State Of Maharashtra And ANR

2017-09-04Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} 35 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO. 10850 OF 2017 IN FA/186/2010 WITH CA/10851/2017 IN FA/185/2010 WITH CA/10898/2017 IN FA/188/2010 SHESHRAO S/O. BAPURAO PAWAR (DIED) THR LRS RUKHMINBAIAND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. S.B. Bhapkar AGP for Respondents: Mr. S.R. Yadav CORAM : K.K. SONAWANE, J.

DATE : 4th September, 2017.

PER COURT:

1] Heard learned counsel for the applicant and learned counsel for the respondent Acquiring Body, which has filed the present appeal. 2] It has been contended that a clerical error has occurred in the decree passed by; the learned Civil Judge (Senior Division) Latur while allowing LAR No. 340 of 2000. The applicant also moved an application for correction of decree and the same came to be allowed by the concerned trial court, but, the R.& P. of the present matter is held up in this appeal due to which the learned trial court could not make any correction in the decree, as prayed on behalf of the applicant. Hence, it is requested to send back the R. & P. to the concerned court to carry out the necessary correction occurred in the said decree.

3] In view of the reasons mentioned in the application, there is no impediment to allow the same. Hence, the application stands allowed. R.& P. of the LAR NO. 340 of 2000 forwarded to this Court by the concerned Civil Judge (S.D.), Latur for the sake of present appeal, be send back to the

{2} 35 sr.no..odt concerned court for requisite correction; with further direction that after necessary correction, the concerned R.& P. be send to this Court forthwith for further process in the appeal.

4] After receipt of the R.&P. From the concerned court, Appeals be listed for final hearing on merit, in due course. [K.K. SONAWANE] JUDGE.

grt/-