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Bombay High CourtCA/13872/2021disposed off

Tukaram Anna Bansode (Died) Thr Lrs Bhamabai And ORS v. The State Of Maharashtra Through Collector, Osmanabad And Another

2022-07-18Hon'Ble Shri Justice S. G. Dige2 pages

13872.21CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO.13872 OF 2021 IN FIRST APPEAL NO.2954 OF 2018 TUKARAM ANNA BANSODE (DIED) THROUGH L.Rs.

BHAMABAI & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicants : Mr.A.S.More AGP for Respondent-State : Mr.S.S.Dande ...

CORAM : S.G.DIGE, J.

DATE : 18.07.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned AGP for the respondent-State. Though respondent no.2 is served, none appears for respondent no.2.

2] The learned counsel for the applicants submits that mistakenly applicant no.1'

s maiden name was written as '

Anna' instead of '

Tukaram' in First Appeal as well as in Civil Application No.13654 of 2018. So it is necessary to correct the name as 'Tukaram'

in the pending Appeal as well as in Civil Application. The learned counsel further submits

13872.21CA that the said mistake was done before the trial Court also and in the Judgment and Award passed by the Reference Court the said mistake is corrected by the learned Reference Court, hence, requested to permit the applicants to replace the name of 'Anna' as 'Tukaram' in the First Appeal as well as in Civil Application.

3] Considering the submissions of the learned counsel for the applicants as well as the reasons mentioned in the application, application is allowed in terms of prayer clause-B.

4] Civil Application is disposed of accordingly. 5] List First Appeal No.2954 of 2018 on 6th October, 2022.

[S.G.DIGE] JUDGE DDC