V.I.D.C. Through Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Digambar Mahadeo Raut (Dead) Thr. Lrs. Smt. Pushatai Digambar Raut And Others

16fa487.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAF) NO. 487/2023 IN FIRST APPEAL NO. 1910/2019 V.I.D.C. Through Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another Vs Digambar Mahadeo Raut (Dead) Thr. Lrs. Smt. Pushatai Digambar Raut And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr M.A. Kadu, Advocate for the appellants.

Mr A.B. Nakshane, Advocate for the respondent No.1A to 1C, 2B to 2E, 4, 5A to 5D. Ms. T. Udeshi, AGP for the respondent Nos. 6 and 7. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/02/ 3.

1.

Heard.

2.

By the present application, the respondents are praying for appropriate orders for correcting the name of respondent Nos. 5B and 5D in the proceedings before the learned Reference Court as well as in the appeal which is filed in this Court. 3.

The name of the respondent No.5-B is shown as Zungritai Avdutrao Wakhde instead of Zungribai Avdutrao Wankhade and the name of respondent No.5-D is mentioned as Balitai Nandkumar Chav instead of Balitai Nandkumar Chaure, As these names of are mentioned in the award passed by the reference Court, the same is carried out in the appeal memo also. 4.

To indicate the names, respondent No.1 placed on record affidavit as well as copy of the Aadhar Card of both respondents. The respondent No.1 has put her signature. Respondent No. 5B rkn

16fa487.2023.odt and 5D have put their signatures on the application as both have filed an affidavit by the name mentioned in the application as Zungribai Avdutrao Wankhade and Balitai Nandkumar Chaure. 5.

In view of the reasons mentioned in the application, the civil application is allowed. The names to be corrected on the request of the concerned respondent No.5B and 5D. In the future, the question regarding their identity arises they have to satisfy this Court accordingly.

Appellant to carry out the amendment, in view of the order passed below this application.

Civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn