← Library
Bombay High CourtCAF/415/2026ca disposed off

Ashruba Gangaram Armal v. The State Of Mah. Thr. Collector, Bu

2026-02-16Hon'Ble Shri Justice Pravin S. Patil2 pages

60ca415.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 415 OF 2026 IN FIRST APPEAL NO. 579 OF 2010 Ashruba Gangaram Armal Vs State of Maharashtra and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Shakil V. Deshmukh, counsel for appellant. Mr. M.A. Kadu, counsel for respondent No.2

CORAM

: PRAVIN S. PATIL, J.

DATE : 16/02/2026 1.

This application is moved by the respondent No.2 for speaking to the minutes of the order passed by this Court dated 06/10/2025. 2.

At the time of hearing of the present matter, it is revealed that in First Appeal No. 579 of 2010, the challenge is to Land Acquisition Case No. 73 of 1994, decided on 07/06/2007 by the Civil Judge, Senior Division, Buldhana.

3.

However, while the paper-book is filed by the appellant before this Court along with First Appeal No. 579 of 2010, the appellant has enclosed the copy of judgment passed by the Civil Judge, Senior Division, Buldhana, in Land Acquisition Case No. 77 of 1994, decided on 23/02/2007.

4.

It is pertinent to note that the Land Acquisition Case No. 73 of 1994 and Land Acquisition Case No. 77 of 1994 pertain to the same claimants, namely Ashruba Gangaram Armal, the only difference is in respect of the properties involved.

rkn

60ca415.2026.odt 5.

This matter was heard on last date, and accordingly, the counsel for appellant was directed to file an affidavit on record. 6.

Accordingly, the appellant has placed on record an affidavit dated 13/02/2026, clarifying how the said mistake was committed while filing the paper-book in the matter.

7.

As a consequences of this mistake on the part of the appellant, the judgment rendered by this Court dated 06/10/2025 is prima-facie incorrect on a factual basis, as the judgment which is considered by this Court while deciding the First Appeal No. 579 of 2010 was of Land Acquisition Case No. 77 of 1994 instead of Land Acquisition Case No. 73 of 1994.

8.

Hence, considering the affidavit and the mistake which is committed by the appellant, the judgment and order passed by this Court dated 06/10/2025 is hereby recalled.

9.

The applicant is directed to place on record the corrected copy of Land Acquisition Case number, and office to verify it properly. 10.

List this matter for further consideration as per its turn. (PRAVIN S. PATIL, J.) rkn