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Bombay High CourtFA/790/2014partly allowed

Smt. Lilabai W/O Ramchandra Bhajipale v. State Of Maharashtra Thr. Secretary Ministry Of Inrrigation Dept. Mumbai And ORS

2025-11-12Hon'Ble Shri Justice Pravin S. Patil2 pages

1 caf4577.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAF NO.4577/2025 in FIRST APPEAL NO.790/2014 [ Smt. Lilabai Ramchandra Bhajipale Vs. State of Maharashtra and others ] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for appellant.

Mr. M.A.Kadu, Advocate for applicant-respondent nos.2 and 3. Mrs. H.S.Dhande, AGP for respondent nos.1, 4 and 5. CORAM : PRAVIN S. PATIL, J.

DATED : 17.12.2025 .

1.

Heard.

2.

This Court, by order dated 17.12.2025 permitted the applicant to serve the non-applicant/claimant by private mode of service and also through Advocate. Accordingly, the applicant has placed on record an affidavit dated 22.12.2025 stating thereby that the applicant has served the copy of the application on the present non-applicant and her counsel. 3.

It is also pointed out that, at the time of filing of the application, notice by private mode was duly served upon the counsel for the non-applicant.

4.

In view of service, an affidavit is placed on record. Perusal of the affidavit, it is clear that the non-applicant is duly served, but, none appeared on behalf of the non-applicant in the matter.

5.

The present application is for speaking to the minutes and only clarification is sought in the operative part (iv) of the judgment dated 12.11.2025, "pursis dated 9.9.2025", in operative order is recorded inadvertently for the reasons that the document attached with the pursis were never accepted by

2 caf4577.2025.odt this Court while deciding the review application as well as First Appeal. Hence, the document attached with the pursis dated 9.9.2025 should not have been recorded in the operative part of the order.

6.

Perusal of the entire judgment and order shows that documents enclosed with pursis were never under consideration of this Court. Hence, deletion in operative part of the order (iv), "and pursis dated 09.09.2025" of the judgment dated 12.11.2025 is necessary in the matter.

7.

For the reasons stated in the application, the application is allowed.

8.

Necessary corrections be done in the clause (iv) of the operative part of the order dated 12.11.2025 and corrected order be uploaded accordingly.

9.

Civil Application stands disposed of.

(PRAVIN S. PATIL, J.) Mukund Ambulkar