Dhananjay S/O Laxman Muley (Dead) Through Lrs. Archana Wd/O Dhananjay Mulay And 2 Others v. State Of Maharashtra Through The Collector, Akola And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 985/2015 IN WRIT PETITION NO. 1869/1998.

Archana Dhananjay Mulay and others.

-VERSUSState of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : JULY 03, 2015.

Heard Shri S.C. Mehadia, learned counsel for the applicants/original petitioners, Shri S.M. Ukey, Addl. G.P. for respondent nos. 1 and 2, Shri S.V. Sohoni, learned Counsel for respondent no.3 Municipal Corporation and Shri A. Parchure, learned counsel for intervenors.

2.

Learned counsel for the applicants submits that on account of some communication gap, when Writ Petition was heard and judgment was delivered on 18.04.2015, a statement that Civil Suit filed by the

applicants / petitioners against the purchasers is pending, came to be made and it has been so recorded in paragraph no.21 of the judgment. He submit that no Civil Suit is pending and applicants have filed proceedings under Section 138 of the Negotiable Instruments Act against the purchasers. Those proceedings are pending. He therefore seeks this correction in paragraph no.21 of the judgment. 3.

Shri Ukey, learned Addl. G.P., Shri Sohoni and Shri Parchure, learned counsel appearing for respondents and intervenor, submit that they have no instruction about filing or pendency of such proceedings under Section 138 of the Negotiable Instruments Act, however, according to them as said narration does not in any way affect the ultimate result of Writ Petition, by accepting the statement made on affidavit by the applicants/petitioners, and at their risk the corrections can be carried out.

4.

Accordingly, the second sentence in paragraph no.21 of the judgment at its page no.15 which reads "Though during final arguments, it has been urged that civil suit between the vendors and purchaser is going on, said civil suit or its exact nature

has not been disclosed." is substituted by the following sentence "Though prosecution under Section 138 of the Negotiable Instruments Act filed by the petitioners against purchasers are stated to be pending, details thereof have not been disclosed."

5.

Judgment dated 18.04.2015 is accordingly corrected only to that extent. Civil Application is allowed to that extend and disposed of. No costs. JUDGE JUDGE Rgd.