Bombay High CourtCA/12981/2017disposed offdismissed for default

Sangita Vishnupant Godhane And Others v. The Deputy Ex. Engineer, Central Railways (Cons) Pune And ANR

2017-10-11Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

{1} 904-CA 12981 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 12981 OF 2017 IN FA/684/2016 SOW.SANGITA VISHNUPANT GODHANE AND OTHERS

VERSUS

THE DEPUTY EXECUTIVE ENGINEER, CENTRAL RAILWAYS (CONS.) PUNE AND ANR.

...

Advocate for Applicants : Mr.Manale Satish S. AGP for Respondent No.2 : Mr.B.A.Shinde ...

CORAM :

R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

DATE:

11th October, 2017 PER COURT :- 1) By this Civil Application, the applicants seek correction of the name of the applicant Nos.1 and 2 in the First Appeal No.684 of 2016. 2) The learned counsel for the original appellant invited our attention to the Judgment and decree passed by the Reference Court on 28.8.2014 showing the name of the applicant Nos.1 and 2 same as is mentioned in the First Appeal filed by the acquiring body. He also invited our attention to the original Decree in L.A.R. No.1129 of 1999 showing the name of the applicant No.1 as Sow.Sangita Vishnupant Ghodhane and applicant No.2 as Vishnupant Maruti Ghodhane. He submits that there appears to be a mistake in the surname of applicant Nos.1 and 2 in the order passed by the Reference Court. 3) Since the original appellant has impleaded the parties as

{2} 904-CA 12981 of 2017 described in the order and the Judgment of the Reference Court, in our view, the mistake in the surname of the applicant Nos.1 and 2 in the order passed by the Reference Court cannot be corrected in this Civil Application.

4) The applicants are accordingly directed to apply for the correction in the name in the Judgment and Decree passed by the Reference Court in L.A.R. No.1129 of 1999.

5) If the names of the applicant Nos.1 and 2 are corrected by the Reference Court in the impugned Judgment dated 28.8.2014, the applicants can apply for correction of the names in the First Appeal. 6) Civil Application is disposed of in the aforesaid terms. No order as to costs.

(SUNIL K. KOTWAL, J) (R.D. DHANUKA, J) spt