Sahebrao Kishanrao Patil v. The State Of Maharashtra And ANR

14919.19CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.14919 OF 2019 IN RC NO.846/2019 SAHEBRAO KISHANRAO PATIL

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.G.K.Sontakke AGP for Respondent-State : Mrs.D.S.Jape Advocate for Respondent no.2 : Mr.S.C.Arora ...

CORAM : S.G.DIGE, J.

DATE : 07.09.2022 P.C. :

1] Heard the learned counsel for the applicant and the learned counsel for the respondents.

2] The learned counsel for the applicant submits that in the judgment delivered by the Reference Court dated 3rd May, 2013, the name of respondent no.2 is mentioned as '

The Executive Engineer, M.I.D.C. Latur', it should be '

The Executive Engineer, M.I.D. Latur i.e. Minor Irrigation Division'

. The applicant was directed to file an application before the Reference Court and get it corrected but the applicant could not remove objection within stipulated time, hence, registration of First Appeal is refused by the learned Registrar [Judicial] by the order dated 16.07.2019. The learned counsel further submits that if this Court directs to

14919.19CA correct the designation as this Court is an Appellate Court and in continuation of the suit then the Court has power to correct typographical error, hence, requested to allow the application.

3] The learned counsel for respondent no.2 submits that appropriate order be passed.

4] Considering submissions of both learned counsel, only designation of respondent no.2 is wrongly mentioned, hence, it can be corrected, hence, I pass the following order :

ORDER

i] The application is allowed.

ii] The order passed by the learned Registrar [Judicial] dated 16th July, 2019 is hereby quashed and set aside. The applicant - appellant is directed to make amendment in the Appeal Memo within two weeks. iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC