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Bombay High CourtCAF/981/2024ca disposed off

Shri Subhash S/O Uttamrao Brahmapurikar v. Jaihind Co-Op. Housing Society, Thr. Pres. Shri Mahesh S/O Shrawan Charde And Others

2024-05-02Hon'Ble Shri Justice Anil L. Pansare2 pages

2024:BHC-NAG:5219 1 caf 981.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 981 of 2024 in First Appeal No.

of 20 19 (D) [Shri Subhash Uttamrao Bramhapurikar ..vs.. Jaihind Co-op. Hsg. Soc. through its President Shri M. S. Charde, Somalwada, Nagpur and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V. V. Bhangde, Advocate for the applicant/appellant CORAM : ANIL L. PANSARE J .

DATED : 02-05 -202 Learned counsel for the appellant submits that the copy of the application has been served upon learned counsel appearing for contesting respondents i.e. respondent nos. 3 and 4, however, none appeared. Learned counsel for the applicant/appellant invited my attention to paragraph no. 11 of the judgment dated 6-3-2024 in First Appeal No. 1596/2019 wherein there occurred inadvertent error. The words "certified copy of sale-deed dated 6/2/1990" be replaced by "original sale-deed dated 22/4/1987".

Similarly, in paragraph no. 11, in the expression "he has further proved that the sale-deed dated 5/10/1990 executed between respondent nos. 2 and 3 as also the sale-deed dated 15/5/2014 executed between respondent nos. 3 and 4 are liable to be set aside", the words, "respondent nos. 2 and 3" be replaced by "respondent nos. 1 and 2" and the words "respondent nos. 3 and 4" be replaced by "respondent nos. 2 and 3". In para [iii] of the operative part of the order, the words "the sale-deed bearing no. 1606/14 dated

2 caf 981.24.odt 15/5/2014" be replaced by "the sale-deed bearing no. 4940/2014 dated 25/9/2014". The words "respondent nos. 2 and 3" appearing thereafter be replaced by "respondent nos. 3 and 4".

The necessary corrections be carried out and corrected copy be uploaded forthwith.

The application is disposed of in above terms. (Anil L. Pansare, J.) wasnik