Bombay High Court

THE EXE. ENGINEER, MINOR IRRIGATION DIV., LATUR THR G.M.I.D.C. AURANGABAD AND ORSversusTRIVENIBAI TATYARAO SOMWANSHI

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court ordered correction of the case number, party names, and deletion of the erroneous clause, permitting the applicants to withdraw the entire deposited amount.

Summary

The applicant filed a motion to correct the minutes of an order dated 28 April 2026, alleging errors in the case number, party names, and the operative clause concerning the withdrawal of deposited funds. The respondent agreed that Clause 2 of paragraph 8 could be deleted. The court examined the alleged discrepancies and clarified that the applicants are entitled to withdraw the entire amount deposited, not just 50%. Accordingly, the court ordered the necessary corrections to the original order and directed that the corrected order be uploaded. The motion was subsequently disposed of.

Issues considered

Whether the case number and party names in the minutes of the order dated 28.04.2026 are erroneous and require correction.
Whether Clause 2 of paragraph 8, which incorrectly reflects the withdrawal limit, should be deleted.
Whether the applicants are permitted to withdraw the entire deposited amount.

Subjects

correction of order
civil procedure
withdrawal of deposit
high court
minutes of order

Judgment

2026:BHC-AUG:21212
This Order is Speaking to Minutes order of1order
of 9 dated // praecipe-CA.5033.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 5033 OF 2026
IN
FIRST APPEAL (ST) NO.29954 OF 2023

Dinesh Janardhan Bembade
VERSUS
The Executive Engineer Minor Irrigation Division Latur

WITH
CIVIL APPLICATION NO. 13495 OF 2023
IN
FIRST APPEAL (ST) NO.31899 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Bhagirthibai Gunderao Chewle

WITH
CIVIL APPLICATION NO. 5027 OF 2026
IN
FIRST APPEAL (ST) NO.31906 OF 2023

Udhav Pandurang Ekambe
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13490 OF 2023
IN
FIRST APPEAL (ST) NO.31912 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Nivratti Gnyanaba Chewale Through Lrs

WITH
CIVIL APPLICATION NO. 13492 OF 2023
IN
FIRST APPEAL (ST) NO.31906 OF 2023
This Order is Speaking to Minutes order of2order
of 9 dated // praecipe-CA.5033.2026

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Uddhav Pandurang Ekambe

WITH
CIVIL APPLICATION NO. 5023 OF 2026
IN
FIRST APPEAL (ST) NO.31903 OF 2023

Shivabai Premgir Giri Puri
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 5024 OF 2026
IN
FIRST APPEAL (ST) NO.31899 OF 2023

Bhagirathibai Gunderao Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13491 OF 2023
IN
FIRST APPEAL (ST) NO.31906 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Uddhav Pandurang Ekambe

WITH
CIVIL APPLICATION NO. 13481 OF 2023
IN
FIRST APPEAL (ST) NO.29954 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Dinesh Janardhan Bembde
...

WITH
This Order is Speaking to Minutes order of3order
of 9 dated // praecipe-CA.5033.2026

CIVIL APPLICATION NO. 13488 OF 2023
IN
FIRST APPEAL (ST) NO.31909 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Dagdu Hanmant Chewle

WITH
CIVIL APPLICATION NO. 13489 OF 2023
IN
FIRST APPEAL (ST) NO.31912 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Nivratti Gnyanaba Chewale Through Lrs

WITH
CIVIL APPLICATION NO. 13483 OF 2023
IN
FIRST APPEAL (ST) NO.31916 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Vishwanath Pandhari Chewale

WITH
CIVIL APPLICATION NO. 5022 OF 2026
IN
FIRST APPEAL (ST) NO.31916 OF 2023

Vishwanath Pandhari Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13494 OF 2023
IN
FIRST APPEAL (ST) NO.29959 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
This Order is Speaking to Minutes order of4order
of 9 dated // praecipe-CA.5033.2026

VERSUS
Trivenibai Tatyarao Somwanshi

WITH
CIVIL APPLICATION NO. 13485 OF 2023
IN
FIRST APPEAL (ST) NO.31903 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Shivabai Premgir Giri (puri)

WITH
CIVIL APPLICATION NO. 13498 OF 2023
IN
FIRST APPEAL (ST) NO.31895 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Rashika Pandharinath Mandade

WITH
CIVIL APPLICATION NO. 5025 OF 2026
IN
FIRST APPEAL (ST) NO.31895 OF 2023

Rashika Nath Pandharinath Mandade
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13493 OF 2023
IN
FIRST APPEAL (ST) NO.29959 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Trivenibai Tatyarao Somwanshi

WITH
CIVIL APPLICATION NO. 13487 OF 2023
IN
This Order is Speaking to Minutes order of5order
of 9 dated // praecipe-CA.5033.2026

FIRST APPEAL (ST) NO.31909 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Dagdu Hanmant Chewle

WITH
CIVIL APPLICATION NO. 5026 OF 2026
IN
FIRST APPEAL (ST) NO.31909 OF 2023

Dagadu Hanmant Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 5021 OF 2026
IN
FIRST APPEAL (ST) NO.31912 OF 2023

Nivratti Gnyanaba Chewale Died Sheshabai Nivratti Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13497 OF 2023
IN
FIRST APPEAL (ST) NO.31895 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Rashika Pandharinath Mandade

WITH
CIVIL APPLICATION NO. 13482 OF 2023
IN
FIRST APPEAL (ST) NO.29954 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Dinesh Janardhan Bembde
This Order is Speaking to Minutes order of6order
of 9 dated // praecipe-CA.5033.2026

WITH
CIVIL APPLICATION NO. 13484 OF 2023
IN
FIRST APPEAL (ST) NO.31916 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Vishwanath Pandhari Chewale

WITH
CIVIL APPLICATION NO. 13486 OF 2023
IN
FIRST APPEAL (ST) NO.31903 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Shivabai Premgir Giri (puri)

WITH
CIVIL APPLICATION NO. 13496 OF 2023
IN
FIRST APPEAL (ST) NO.31899 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c.
Aurangabad And Ors
VERSUS
Bhagirthibai Gunderao Chewle
….
WITH
CIVIL APPLICATION NO. 13473 OF 2023
CIVIL APPLICATION NO. 13474 OF 2023
IN
FIRST APPEAL (ST) NO.33129 OF 2023

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Shahaji Tatyarao Somwanshi

WITH
CIVIL APPLICATION NO. 13475 OF 2023
CIVIL APPLICATION NO. 13476 OF 2023
IN
FIRST APPEAL (ST) NO.33125 OF 2023
This Order is Speaking to Minutes order of7order
of 9 dated // praecipe-CA.5033.2026

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Yadav Tatyarao Somwanshi
…
WITH
CIVIL APPLICATION NO. 5073 OF 2026
CIVIL APPLICATION NO. 13469 OF 2023
CIVIL APPLICATION NO. 13470OF 2023
IN
FIRST APPEAL (ST) NO.32970 OF 2023

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Pandhari Gyanoba Chewale
…
WITH
CIVIL APPLICATION NO. 5072 OF 2026
CIVIL APPLICATION NO. 13471 OF 2023
CIVIL APPLICATION NO. 13472 OF 2023
IN
FIRST APPEAL (ST) NO.33133 OF 2023

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Trambak Govind Chewale

…
WITH
CIVIL APPLICATION NO. 5071 OF 2026
CIVIL APPLICATION NO. 13477 OF 2023
CIVIL APPLICATION NO. 13478 OF 2023
IN
FIRST APPEAL (ST) NO.33122 OF 2023

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Dnyanoba Nivrati Mandade

…
WITH
CIVIL APPLICATION NO. 5070 OF 2026
CIVIL APPLICATION NO. 13467 OF 2023
CIVIL APPLICATION NO. 13468 OF 2023
IN
This Order is Speaking to Minutes order of8order
of 9 dated // praecipe-CA.5033.2026

FIRST APPEAL (ST) NO.32965OF 2023

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Adinath Pandhari Chewale
…
Mr. Sachin Panale, Advocate for the Applicant.
Mr. A. N. Gaddime, Advocate for the Respondent.
…

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 11th JUNE, 2026

P.C.:-

1. Not on board. Upon mentioning, taken on board.

2. Motion is made for speaking to the minutes of the order

dated 28.04.2026.

3. It is submitted that in the order dated 28.04.2026, at page

No.9, Clause No. 7, the case number has been incorrectly mentioned as

C.A. No.5073/2026 and the names of the parties are also incorrectly

recorded. Further, as regards the operative part of the order, Clause No.

2, learned Advocate for the Applicant submits that on the date of

passing of the order, this Court had permitted withdrawal of 50% of

the amount as only 50% had been deposited. However, Clause No. 2

erroneously reflects otherwise and therefore requires deletion.

4. Mr. Gaddime, learned Advocate for the Respondent, fairly

states that Clause No.2 in paragraph 8 of the operative part of the

order may be deleted.
This Order is Speaking to Minutes order of9order
of 9 dated // praecipe-CA.5033.2026

5. It is clarified that the Applicants are permitted to withdraw

the entire amount deposited in terms of Clause No.1 of the operative

part of the order.

6. Necessary corrections be carried out in the order dated

28.04.2026 and the corrected order be uploaded accordingly.

7. The motion is accordingly disposed of.

(SIDDHESHWAR S. THOMBRE, J.)

Tauseef

Continue reading with your account

Checking your session…