Bombay High Court

JAYANT ANANDRAO KULKARNI AND ORSversusTHE STATE OF MAHARASHTRA

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court may correct its own order by deleting erroneous entries and recalling the affected appeals for fresh hearing.

Summary

The appellant, represented by Advocate Ramesh V. Naiknaware, moved the court to correct the minutes of an order dated 22 September 2026, alleging that First Appeal numbers 2819, 2820 and 2818 of 2016 were incorrectly listed. The court examined whether it could amend its own order to delete the erroneous entries and restore the affected appeals for further hearing. Finding that the entries were indeed a clerical mistake, the court ordered the deletion of serial numbers 7, 8 and 9 from the table in paragraph 3 of the original order. Consequently, the orders passed in the three First Appeals were recalled, and the appeals along with their associated civil applications and any cross‑objections were restored. The court directed that the restored matters be listed for hearing on 5 October 2026 and that a corrected order be uploaded. The motion was thereafter disposed of.

Issues considered

Whether a court may amend its own order to delete erroneous references to other appeals
Whether the recalled appeals can be restored and listed for further hearing

Subjects

court procedure
correction of orders
appeal restoration
civil procedure
judicial error

Judgment

2026:BHC-AUG:43601
This Order is Speaking to Minutes order of order dated //
Dilwale 1 SPK-FA-520-08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL NO. 520 OF 2008
MADHUKAR BAPURAO ATULE AND ORS
VERSUS
STATE OF MAHARASHTRA
...
WITH
CIVIL APPLICATION NO. 3894 OF 2021
IN X-OBJST/41341/2019
DATTU DAGADU PAWAR DIED SINCE DECEASED HIS LRS
CHANDRAKANT
DATTU PAWAR AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 1054 OF 2008
WITH
CIVIL APPLICATION NO. 102 OF 2025
IN FA/1054/2008
JAYANT ANANDRAO KULKARNI AND ORS
VERSUS
STATE OF MAHARASHTRA
…
WITH
FIRST APPEAL NO. 5213 OF 2017
THE EXECUTIVE ENGINEER LIFT IRRIGATION DIVISION, OSMANABAD
VERSUS
PRABHAKAR SHRIRANG ATULE AND ANR
…
WITH
FIRST APPEAL NO. 1056 OF 2008
UTTAM MANIKARRAO KULKARNI AND ORS
VERSUS
STATE OF MAHARASHTRA
…
WITH
FIRST APPEAL NO. 1057 OF 2008
MADHAV VASUDEO KULKARNI
VERSUS
STATE OF MAHARASHTRA
…
This Order is Speaking to Minutes order of order dated //
Dilwale 2 SPK-FA-520-08.odt

WITH
FIRST APPEAL NO. 1055 OF 2008
NANDKUMAR MANIKARRAO KULKARNI
VERSUS
STATE OF MAHARASHTRA
…
WITH
FIRST APPEAL NO. 2819 OF 2016
THE EXECUTIVE DIRECTOR, GODAVARI MARATHWADA
DEVELOPMENT
CORPORATION THR THE EXE ENGINEER AND ORS
VERSUS
AHMED ALI MAHETAB ALI ARAB AND ORS
…
WITH
FIRST APPEAL NO. 2820 OF 2016
WITH
CIVIL APPLICATION NO. 9632 OF 2026
IN FA/2820/2016
WITH
CIVIL APPLICATION NO. 9631 OF 2026
IN FA/2820/2016
THE EXECUTIVE DIRECTOR, GODAVARI MARATHWADA
DEVELOPMENT
CORPORATION THR THE EXE ENGINEER AND ORS
VERSUS
VISHNU BALIRAM NALWADE
…
WITH
CIVIL APPLICATION NO. 3896 OF 2021
IN X-OBJST/41337/2019
AHMED ALI MAHETAB ALI ARAB AND ORS
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
CIVIL APPLICATION NO. 3895 OF 2021
IN X-OBJST/41339/2019
VISHNU BALIRAM NALWADE
VERSUS
THE STATE OF MAHARASHTRA AND ORS
…
WITH
FIRST APPEAL NO. 2818 OF 2016
THE EXECUTIVE DIRECTOR, GODAVARI MARATHWADA
This Order is Speaking to Minutes order of order dated //
Dilwale 3 SPK-FA-520-08.odt

DEVELOPMENT
CORPORATION THR THE EXE ENGINEER AND ORS
VERSUS
DATTU DAGADU PAWAR DIED SINCE DECEASED HIS LRS
CHANDRAKANT
DATTU PAWAR AND ANR
...
Mr. Ramesh V. Naiknaware, Advocate for the appellant.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 29.09.2026

PER COURT :
1. Not on board. Upon mentioning, taken on board.
2. The present motion is made for speaking to the minutes of the
order dated 22.09.2026.
3. Mr. Naiknaware submits that, while disposing of First Appeal No.
520 of 2008 and connected matters on 22.09.2026, the First Appeal Nos.
2819, 2820 and 2818 of 2016 were incorrectly shown in the order. He
submits that he had not furnished the numbers of the First Appeals and
Cross Objections which are mentioned in paragraph No.3, serial Nos.7, 8
and 9 of the table.
4. In view thereof, serial no.7, 8 and 9 of the table in paragraph no.3
of the said order stand deleted.
5. Therefore, the order passed in First Appeal Nos. 2819, 2820 and
2818 of 2016 is recalled. The First Appeals are restored along with
respective Civil Applications and Cross Objections, if any, for further
hearing and be listed on 05.10.2026.
6. Necessary corrections be carried out and the corrected order be
uploaded accordingly.
7. The motion stands disposed of.

[ SIDDHESHWAR S. THOMBRE, J. ]

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