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Narayan Poojari and Anr. v. Vijay Vitthal Jadhav and Ors.

Bombay HC3 Jan 2025IA/9349/2024

Case brief

AI extract

What is this about?

Bombay High Court; speaking to the minutes; correction of cause title; typographical error; First Appeal (ST) No. 35420 of 2023 vs wrongly printed First Appeal (ST) No. 34520 of 2023; Interim Application No. 9349 of 2024; Narayan Poojari v. Vijay Vitthal Jadhav; condonation of delay of 14 days; office objections to be removed within four weeks; order dated 18 December 2024 corrected by order dated 3 January 2025; Colabawalla & Sundaresan, JJ.; procedural order; no substantive legal issue.

What did the court decide?

Speaking-to-minutes correction allowed: substitution of "First Appeal (ST) No. 35420 of 2023" for "First Appeal (ST) No. 34520 of 2023" in the cause title of the order dated 18 December 2024, to be carried out in the original order and in the copy uploaded on the server. ¶11

Narayan Poojari and Anr. vs Vijay Vitthal Jadhav and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the cause title of the order dated 18 December 2024 should be corrected by substituting "First Appeal (ST) No. 35420 of 2023" for the wrongly printed "First Appeal (ST) No. 34520 of 2023" (speaking to the minutes). +1 more

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Court's answer

Being satisfied that sufficient explanation was given, the Court condoned the delay of 14 days in filing the Appeal.

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Ratio / Principle

The Court ordered that in the cause title of the order dated 18 December 2024 the words "First Appeal (ST) No. 34520 of 2023" be substituted by the words "First Appeal (ST) No. 35420 of 2023", and that the correction be carried out in the original order and in the copy uploaded on the server.

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Key takeaways

The Applicant/Appellant's Advocate was required to remove all office objections in the Appeal within four weeks, failing which the Appeal would stand dismissed without further reference to the Court; the Interim Application was disposed of accordingly with no order as to costs.ratio¶41

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram B. P. Colabawalla & Somasekhar Sundaresan, JJ., order dated January 3, 2025, in Interim Application No. 9349 of 2024 in First Appeal (ST) No. 35420 of 2023 (Narayan Poojari & Anr. v. Vijay Vitthal Jadhav & Ors.). The Court allowed an application for speaking to the minutes of its order dated 18 December 2024 and corrected a typographical error in the cause title, directing that the words "First Appeal (ST) No. 34520 of 2023" stand substituted by "First Appeal (ST) No. 35420 of 2023", the correction to be effected in the original order and in the copy uploaded on the server. The reproduced order of 18 December 2024 had condoned a delay of approximately 14 days in filing the Appeal upon satisfaction that sufficient explanation was given, directed removal of all office objections within four weeks failing which the Appeal would stand dismissed without further reference to the Court, and disposed of the Interim Application with no order as to costs. No statutes or precedents were cited; the order is purely procedural/administrative.

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spkng-1-ASIA-31520-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 9349 OF 2024

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FIRST APPEAL (ST) NO. 35420 OF 2023

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Narayan Poojari & Anr …Applicants Versus

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Vijay Vitthal Jadhav & Ors …Respondents

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Mr. Sumit Sonare, i/b Prathamesh Bhargude, for the Applicant.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 3, 2025

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PC :

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The above Application has been filed for the speaking to the minutes of the order dated 18 December, 2024. It is pointed out that in the cause title the First Appeal (ST) No. has been wrongly mentioned as “First Appeal (ST) No. 34520 of 2023”. Considering the aforesaid mistake, it is ordered that in the cause title for the words “First Appeal (ST) No. 34520 of 2023” the words “ First Appeal (ST) No. 35420 of 2023 ” shall be substituted.

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No other correction is sought. The correction shall be carried

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Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2025.01.07 20:20:56 +0530

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out in the original order as well as in the copy uploaded on the server.

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Page 1 of 4 January 3, 2025

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Ashwini Vallakati

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spkng-1-ASIA-31520-2023.doc

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3. This order will be digitally signed by the Private Secretary/

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Personal Assistant of this Court. All concerned will act on production by

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fax or email of a digitally signed copy of this order.

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[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

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For the sake of convenience the order dated 18^th December, 2024 (as corrected) is reproduced hereunder:-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 9349 OF 2024 IN

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FIRST APPEAL (ST.) NO. 35420 OF 2023

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Narayan Poojari & Anr. .. Applicant

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Versus

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Vijay Vitthal Jadhav & Ors. .. Respondents

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Adv. Prathamesh Bhargude a/w Sumit Sonare for the Applicant/Appellant .

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Adv. Vilas Tapkire for the Respondents.

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CORAM: B. P. COLABAWALLA &

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SOMASEKHAR SUNDARESAN, JJ. DATE: DECEMBER 18, 2024

Page 2 of 4

January 3, 2025

Ashwini Vallakati

spkng-1-ASIA-31520-2023.doc

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P. C.

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The above Interim Application is filed seeking a condonation of delay of approximately 14 days in filing the above Appeal.

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Having heard the learned Counsel appearing for the Applicant/Appellant and the learned Advocate appearing for the Respondents, we are satisfied that sufficient explanation is given for condoning the delay of 14 days. In these circumstances, the delay is hereby condoned.

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Now that the delay is condoned, the Advocate for the Applicant/Appellant shall remove all other office objections, if any, in the above Appeal within a period of four weeks from today, failing which, the above Appeal shall stand dismissed without further reference to the Court.

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