Allowed

Annasaheb Ganpatrao Dighe and Anr. v. Bandu Ganpatrao Dighe and Ors.

Bombay HC27 Aug 2012WP/3455/2012

Case brief

AI extract

What is this about?

In a writ petition filed by two petitioners against five respondents, the High Court of Bombay allowed a prayer to correct a clerical mistake in a compromise decree where the wrong village name was recorded. The Court quashed the impugned order and directed the Trial Court to permit the correction. The case involved a partition suit settled via compromise.

What did the court decide?

Impugned order quashed and set aside. Trial Court directed to allow corrections in the compromise terms to reflect correct village name.

Annasaheb Ganpatrao Dighe and Anr. Vs Bandu Ganpatrao Dighe and Ors. — Partition | Bombay HC (2012)

W.P.No.3455/12

UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

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BOMBAY

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BENCH AT AURANGABAD.

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WRIT PETITION NO.3455 OF 2012.

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1. Annasaheb S/o Ganpatrao Dighe,
Age 67 years, Occ.Agril.,

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2. Amol S/o Annasaheb Dighe,
Age 29 years, Occ.Agri.,

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Both R/o Kolhewadi, Tq. Sangamner,
Dist.Ahmednagar.

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... Petitioners.

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Versus

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1. Bandu S/o Ganpatrao Dighe,
Age 55 years, Occ.Agril.,
Kolhewadi, Tq.Sangamner,
Dist.Ahmednagar.

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2. Dinkar S/o Ganpatrao Dighe,
Age 53 years, Occ.Agril.,
R/o Govindnagar, Infront of
Sahyadri College, Sangamner,
Dist.Ahmednagar.

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3. Bhaskar S/o Ganpatrao Dighe,
Age 57 years, Occ.Agril.,
R/o Swatantrya Chowk, Sangamner,
Dist.Ahmednagar.

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4. Dattatraya S/o Ganpatrao Dighe,
Age 49 years, Occ.Agril.
R/o Kolhewadi, Tq. Sangamner,
Dist.Ahmednagar.

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W.P.No.3455/12

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5. Ganpatrao S/o Rambhaji Dighe,
Age 91 years, Occ.Agri.,
R/o Kolhewadi, Tq. Sangamner,
Dist.Ahmednagar.

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... Respondents.

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Mr.A.N.Nagargoje, advocate for the Petitioners.
Mr.Darshan Pokharkar, advocate for the
Respondent Nos.1 to 5.

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CORAM : S.V.GANGAPURWALA,J.

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 Date : 27.08.2012.

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ORAL JUDGMENT :

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1.Heard.

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2.Rule. Rule returnable forthwith. With

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the consent of the parties, the petition is taken
up for final hearing.

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3.The present petitioners had filed a
suit for partition and separate possession. The
said suit was compromised between the parties.
Pursuant to the compromise, decree was drawn.

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4.Thereafter, it was noticed by the

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parties that in the terms of compromise, mistake
has occurred in writing the name of the village

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3 W.P.No.3455/12

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in respect of Gat No.449, the village was
mentioned Jorve instead of village Kolhewadi.
The said correction was sought. The same is
rejected. Aggrieved thereby, the present
petition.

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5.Mr.Nagargoje, learned counsel for the
petitioners and Mr.Pokharkar, learned counsel for
Respondents submit that there is no dispute
between the parties that in the compromise terms
the village Kolhewadi should have been mentioned
in respect of Gat No.449 but by mistake village
Jorve is mentioned. In the original plaint the
correct name of the village is stated.

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6.As both the parties agree that the same
is the mutual mistake, I allow the petitioners to
correct the same, instead of entering into legal
intricacies. The same would also sub-serve cause
of substantial justice.

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7.In view of the above,the impugned order
is quashed and set aside. The trial Court shall
allow the parties to make corrections in respect

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4 W.P.No.3455/12

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of name of village in the said terms of
compromise and thereafter pass the compromise
decree accordingly.

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8.Rule accordingly made absolute in above
terms. However, there shall be no order as to
costs.

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 (S.V.GANGAPURWALA,J.)

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Annasaheb Ganpatrao Dighe and Anr. v. Bandu Ganpatrao Dighe and Ors.

Case brief

What is this about?

What did the court decide?

Annasaheb Ganpatrao Dighe and Anr. v. Bandu Ganpatrao Dighe and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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