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Bombay High Court

FULCHAND LAXMAN SALAMPURE SINCE DIED THR HIS LEGAL REPR. SUMANBAI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ANR.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that it may recall the earlier order and correct the typographical error, replacing “applicant Nos.1A to 1G” with “Nos.1A to 1E”.

Summary

The petitioners filed a civil application seeking to recall an order dated 30.07.2026 in Civil Application No.8089 of 2026 and to correct a typographical error in prayer clause “B”, where the names of applicants were mistakenly listed as Nos.1A to 1G instead of Nos.1A to 1E. The petitioner’s counsel argued that the error prevented the intended withdrawal of amounts and sought a correction. The respondent representing the acquiring body raised no objection to the correction. The court examined whether it could recall and amend its own order to rectify the clerical mistake. Finding no substantive prejudice, the court permitted the correction, recalling the earlier order and substituting the correct applicant range. The application was allowed and the civil application was disposed of.

Issues considered

  • Whether the High Court can recall and amend its earlier order to correct a typographical error in the prayer clause of a civil application

Subjects

  • typographical error
  • correction of order
  • civil procedure
  • prayer clause
  • recall of order

Judgment

2026:BHC-AUG:46341

                                                         1
                                                                       935 CA 11451 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 935 CIVIL APPLICATION NO. 11451 OF 2026
                                               IN FA/95/2022

                       FULCHAND LAXMAN SALAMPURE SINCE DIED THR HIS
                                  LEGAL REPR. SUMANBAI AND ORS.
                                               VERSUS
                      THE STATE OF MAHARASHTRA, THROUGH COLLECTOR,
                                       OSMANABAD AND ANR.
                                                   ...
                     Mr. S. S. Patunkar h/f. J. P. Legal Associates, Advocate for
                     Applicants
                     Mr. K. B. Jadhavar, AGP for Respondent No.1 – State
                     Mr. Atul B. Kuber h/f. Mr. S. V. Deshmukh, Advocate for
                     Respondent No.2
                                                  …
                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 1st October 2026

                     P.C. :-

                     .         This Civil Application is filed for recalling of order dated

                     30.07.2026 passed in Civil Application No. 8089 of 2026 and

                     amending prayer clause “B” of the said application.

                     2.        Mr. S. S. Patunkar, learned Advocate for the applicants

                     submits that although the application was filed for withdrawal

                     of the amount by applicant Nos.1A to 1E, mistakenly, in

                     prayer clause “B”, it was mentioned as applicant Nos.1A to 1G.

                     He further submits that the said application came to be

                     allowed in terms of the details given by the applicants in

                     prayer clause “B”. Now, his genuine difficulty is that due to
                               2
                                              935 CA 11451 OF 2026

this typographical error, he is unable to withdraw the amount.

Hence, this application is filed for recalling of the order dated

30.07.2026 passed by this Court in Civil Application No.8089

of 2026 and for leave to correct the typographical error in the

said application.

3.    Mr. Atul B. Kuber h/f. Mr. S. V. Deshmukh, learned

Advocate for the acquiring body fairly submits that he has no

objection to pass appropriate order.

4.    I have seen the prayer clause “B” of the said application

which is part of the present Civil Application, being incorrect.

In view of this, the applicants are permitted to cure prayer

clause “B” of Civil Application No.8089 of 2026. Correction be

carried out forthwith.

5.    In view of this, Civil Application is allowed. The order

dated 30.07.2026 passed in Civil Application No.8089 of 2026

is recalled and corrected by replacing the words “applicant

Nos.1A to 1G” by the words “Nos.1A to 1E” in prayer clause

“B” of the operative order.

6.    Civil Application stands disposed of.



                                   ( AJIT B. KADETHANKAR, J. )
PRW


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