Shripad S/O Ramakant Jahagirdar v. Sadanand S/O Laxmikant Jahagirdar

2025:BHC-NAG:10940 29..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1052 OF 2025 IN SECOND APPEAL NO.476 OF 2023 Shripad S/o Ramakant Jahagirdar .Vs. Sadanand S/o Laxmikant Jahagirdar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. R.R. Shrivastava, Advocate for applicant. Mr. A.J. Gilda, Advocate for non-applicant.

CORAM : ROHIT W. JOSHI, J.

DATE : 14/10/2025 1.

Heard.

2.

A motion is made for speaking to the minutes, stating that while dismissing the second appeal vide judgment dated 24.09.2025, liberty was granted to the appellant to file a suit for partition. However, the judgment does not record such liberty. In fairness, the learned Advocate for the respondent does not dispute that such liberty was in fact granted.

3.

In view of the aforesaid, the following paragraph shall be added after Paragraph-25 of the judgment dated 24.09.2025 passed in Second Appeal No.476 of 2023:

29..odt "26) Liberty is granted to the appellant to file a suit for partition and separate possession with respect to the suit property, which if filed, be decided in accordance with law."

4.

After the correction is carried out, corrected judgment be uploaded afresh.

Application is disposed of accordingly.

(ROHIT W. JOSHI, J.) C.L. Dhakate