Allowed¶19

Ashruba Gangaram Armal v. the State of Mah. Thr. Collector, Bu

Bombay HC9 Feb 2026CAF/415/2026

Case brief

AI extract

What is this about?

CAF 415/2026 in FA 579/2010, Bombay HC Nagpur Bench, Pravin S. Patil J., order dated 16/02/2026: recall of HC judgment dated 06/10/2025 in First Appeal 579/2010 (land acquisition enhancement appeal against LAC 73/1994, Buldhana) because the paper-book mistakenly contained the judgment in LAC 77/1994 (same claimant Ashruba Gangaram Armal, different property); appellant's affidavit dated 13/02/2026 admitted the error; judgment recalled, corrected LAC number to be filed and verified, appeal relisted.

What did the court decide?

Recall of the judgment and order dated 06/10/2025 passed in First Appeal No. 579 of 2010; applicant directed to place on record the corrected Land Acquisition Case number for verification by the office; matter listed for further consideration as per its turn. ¶19

Ashruba Gangaram Armal vs the State of Mah. Thr. Collector, Bu — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment and order dated 06/10/2025 passed by this Court in First Appeal No. 579 of 2010 ought to be recalled, in view of the appellant's mistake in filing a paper-book containing the judgment of Land Acquisition Case No. 77 of 1994 instead of Land Acquisition Case No. 73 of 1994, rendering the earlier judgment prima facie factually incorrect.

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Court's answer

The judgment rendered by this Court dated 06/10/2025 is prima facie incorrect on a factual basis, because the judgment considered while deciding First Appeal No. 579 of 2010 was of Land Acquisition Case No. 77 of 1994 instead of Land Acquisition Case No. 73 of 1994, as a consequence of the mistake committed by the appellant in filing the paper-book.

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Ratio / Principle

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

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Key takeaways

The applicant is directed to place on record the corrected copy of the Land Acquisition Case number, and the office is to verify it properly; the matter is to be listed for further consideration as per its turn.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Pravin S. Patil, J., 16/02/2026 — Civil Application No. 415 of 2026 in First Appeal No. 579 of 2010: Respondent No.2 applied for speaking to the minutes of the judgment dated 06/10/2025. It emerged that although the appeal challenges Land Acquisition Case No. 73 of 1994 (decided 07/06/2007, Civil Judge SD, Buldhana), the paper-book filed by the appellant enclosed the judgment in Land Acquisition Case No. 77 of 1994 (decided 23/02/2007); both cases concern the same claimant, Ashruba Gangaram Armal, differing only in the properties involved. The appellant filed an affidavit dated 13/02/2026 admitting the mistake. Holding the judgment dated 06/10/2025 prima facie factually incorrect, the Court recalled it, directed the applicant to place the corrected Land Acquisition Case number on record for office verification, and listed the appeal for further consideration.

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60ca415.2026.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CIVIL APPLICATION (CAF) NO. 415 OF 2026 IN FIRST APPEAL NO. 579 OF 2010

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Ashruba Gangaram Armal Vs State of Maharashtra and another.

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr Shakil V. Deshmukh, counsel for appellant. Mr. M.A. Kadu, counsel for respondent No.2

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CORAM : PRAVIN S. PATIL, J. DATE : 16/02/2026

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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.

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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.

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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.

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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 proper t ies involved.

rkn

60ca415.2026.odt

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

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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.

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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.

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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.

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

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List this matter for further consideration as per its turn.

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(PRAVIN S. PATIL, J.)

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rkn

Ashruba Gangaram Armal v. the State of Mah. Thr. Collector, Bu

Case brief

What is this about?

What did the court decide?

Ashruba Gangaram Armal v. the State of Mah. Thr. Collector, Bu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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