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Bombay High Court

RAMKRUSHNA SHAURAO MISAL AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court may allow amendment of the title clause to correct or delete names when there is no serious opposition and no prejudice to the respondents.

Summary

The petitioners, Ramkrushna Shaurao Misal and others, filed a civil application seeking to correct the names of several petitioners and delete one name from the title clause of the proceeding. The respondents, the State of Maharashtra, did not raise any serious opposition to the proposed amendments. The Court examined whether such corrections and deletions could be permitted under the procedural rules governing amendment of pleadings. Finding no substantive prejudice and noting the absence of opposition, the Court held that the amendments were permissible. Consequently, the application was allowed, directing the petitioners to make the specified corrections within two weeks.

Issues considered

  • Whether the High Court may permit amendment of the title clause to correct or delete names of petitioners in a civil application.

Subjects

  • civil procedure
  • amendment of pleadings
  • correction of names
  • High Court
  • Aurangabad

Judgment

                                   *1*                         914-ca-10541-2026


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

             914 CIVIL APPLICATION NO. 10541 OF 2026
                         IN WP/10146/2026

             Ramkrushna Shaurao Misal And Others
                            VERSUS
              The State Of Maharashtra And Others
                              ...
Mr. Ankush N. Nagargoje, Advocate for Applicant
Mr. S. K. Tambe, AGP for Respondents/State
                              ...
                   CORAM : NITIN B. SURYAWANSHI &
                            ABASAHEB D. SHINDE, JJ.
                   DATE : 11th SEPTEMBER 2026
P. C. :-

1.        For the reasons stated in the Civil Application and as there

is no serious oppose for allowing the Civil Application, the same

is allowed in terms of prayer clauses (A) and (B), which read

thus :-

     A) Applicants/Petitioners may kindly be permitted be to correct the
     names of petitioners No.39, 42, 46, 50, 53, 54, 56, 67, 69, 79, 80, 81,
     82, 83, 87, 88, 89 and 96 as shown in the title clause of the present
     civil application.
     B) Applicants/Petitioners may kindly be permitted to delete the name
     of petitioner No.93.

2.        Necessary amendments be carried out within a period of

two (2) weeks from today.




(ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)


Narwade


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