Bombay High Court

TUKARAM SAMBHA @ SAMBHAJI MUSANDE (DIED) THR LRS. VISHRANT TUKARAM MUSANDE AND ANR.versusTHE STATE OF MAH THR. COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the modification, reading the land description as Gat No. 334 and area 02 H 79 Are.

Summary

The petitioners, heirs of the deceased Tukaram Sambha Musande, filed a civil application seeking modification and correction of a judgment dated 26 March 2026 in First Appeal No. 632 of 2012. The correction pertained to the description of land in the chart, specifically changing the Gat number from 333 to 334 and the area from 01 H 58 R to 02 H 79 Are. Both parties were heard, and the court examined the application. Relying on the prayer clause “B” of the application, the court permitted the correction. Consequently, the order was amended to read the correct Gat number and area, and the application was disposed of.

Issues considered

What is the appropriate procedure for correcting a clerical error in the land description within a court order?

Subjects

civil procedure
correction of judgment
modification of order
land record
property description

Judgment

2026:BHC-AUG:41169


                                                                             ca10175.26
                                                  -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            966 CIVIL APPLICATION NO. 10175 OF 2026
                                         IN FA/632/2012

                   Tukaram Sambha @ Sambhaji Musande (died) Thr Lrs. Vishrant
                                   Tukaram Musande and another
                                               VERSUS
                    The State of Maharashtra Thr. Collector Osmanabad And Ors.
                                                    ...
                 Advocate for Applicant : Mr. V.V. Ingale
                 AGP for Respondents: Mrs. Vaishali P. Dama
                                                    …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 4th SEPTEMBER, 2026

                 PER COURT :-


                 1.       This civil application is filed seeking modification and

                 correction of the order dated 26.03.2026 passed by this Court in First

                 Appeal No.632 of 2012 with Cross-Objection (St.) No. 22168 of 2018,

                 in the chart appearing in paragraph 2 at Sr. No. 3, with regard to the

                 description of the land, by mentioning Gat No. 334 and the area

                 admeasuring 02 H 79 Are, instead of Gat No. 333 and the area

                 admeasuring 01 H 58 R.



                 2.       Heard both sides.      Perused the application.     For the

                 reasons stated in the application, the same is allowed in terms of

                 prayer clause “B” and disposed of. The Gat Number and area in the

                 said column be read as “Gat No. 334” and the area admeasuring “02
                                                            ca10175.26
                                 -2-

H 79 Are” instead of “Gat No. 333” and the area admeasuring “01 H

58 R.”



3.       The civil application is accordingly allowed and disposed of.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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