Rajgonda Khangonda Patil And ORS v. Prakash Babaso Patil And ORS

P9. CIVIL WP-1113-2024.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 1113 OF 2024 Rajgonda Khangonda Patil & Ors.

.. Petitioners

Versus

Prakash Babaso Patil & Ors.

.. Respondents ....................

 Mr. Vinayak R. Kumbhar for Petitioners  Mr. Prasad Avhad i/by Mr. Kuldeep U. Nikam for Respondents ...................

...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 02, 2024 P. C.

:

1.

Not on board. Mentioned. Taken on board.

2.

Perused the praecipe dated 02.02.2024 moved on behalf of the Petitioners for speaking to the minutes of the order dated 29.01.2024. Heard Mr. Kumbhar, learned Advocate for Petitioners. He would submit that there are some factual corrections required in the order which are mentioned in the praecipe. Mr. Avhad has appeared on behalf of Respondents and has no objection to the factual submissions which require correction as stated in the praecipe. 3.

In view of the above, following corrections be carried out in the order dated 29.01.2024:-

P9. CIVIL WP-1113-2024.docx Page No.

Para Line Error / To be No.

No.

Word (s) replaced with He would submit that there are three suit properties.....

He would submit that the suit property.......

- The first property is Survey No.

106, the second property is Survey No. 115 and the third property is Survey No. 72....

The suit property is Survey No. 106 He would submit that Survey Nos. 106 and 115 each have one.....

He would submit that Survey No. 106 has.......

He would submit that all along it has been the Plaintiffs' case that Defendants have been using the water from the well in the aforesaid respective survey numbers.

He would submit that all along it has been the Defendant's case that Plaintiffs have been using the water from the well situated in the property of Survey No. 115.

However in the year 20202021, the well in Survey No. 115 collapsed necessitating the Defendants.....

However in the year 2020-2021, the well in Survey No. 115 collapsed necessitating the Plaintiffs.....

4.

The above corrections to be carried out in the original order and corrected order be uploaded. Rest of the order remains as it is. 5.

Praecipe is disposed in the above terms.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.02.02 18:16:08 +0530 RAVINDRA MOHAN AMBERKAR