Bombay High Court
ASHOK CHANDRAHASYA DESHMUKH DIED THR LRS ASHABAI A DESHMUKH AND OTHERSversusTHE NANDED ZILLA DEKHREKH SAHAKARI SANSTAH MARYA NANDED THR ITS CHAIRMAN
- Disposal
- DISPOSED OFF
Holding
The Court modified the earlier order, substituting Rs.1,11,443 for Rs.1,79,072 and directing payment to Ashabai, the legal representative of the deceased petitioner, upon submission of an heirship certificate.
Summary
The applicants filed a civil application seeking modification of a judgment dated 23 April 2026 in Writ Petition No.6159/2019, alleging a clerical error where the amount payable was incorrectly stated as Rs.1,79,072 instead of Rs.1,11,443. The petitioner, Ashok Chandrahasya Deshmukh, died on 22 May 2026 before receiving the ordered sum, and the applicants requested that the corrected amount be paid to his legal representative, Ashabai, upon production of an heirship certificate. The Court examined the submissions and found the application meritorious, allowing the correction of the amount and directing payment to the legal representative. The order was accordingly amended, substituting the correct figure and specifying the payment procedure, while the remainder of the original order was left unchanged. The corrected order was to be uploaded after necessary corrections.
Issues considered
- Whether a court may modify its own order to correct a clerical error in the quantum of award
- Whether payment can be directed to the legal representative of a deceased petitioner under the amended order
Subjects
- civil procedure
- modification of order
- clerical error
- legal representative
- heirship certificate
- writ petition
- death of petitioner
Judgment
2026:BHC-AUG:38529
10-CA-9243-26.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
10 CIVIL APPLICATION NO. 9243 OF 2026 IN WP/6159/2019
Ashok Chandrahasya Deshmukh Died Thr Lrs Ashabai A Deshmukh And
Others
VERSUS
The Nanded Zilla Dekhrekh Sahakari Sanstah Marya Nanded Through Its
Chairman
……
Mr. S.P. Katneshwarkar, Advocate for Applicant
Mr. G.D. Kale, Advocate for Respondent
……
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 21 AUGUST, 2026
PER COURT :
1. The present Application is filed seeking modification of the order dated
23.04.2026 passed by this Court in Writ Petition No.6159 of 2019.
2. Learned counsel for the applicants submits that, in paragraph No.6
of the order dated 23.04.2026 passed in Writ Petition No.6159 of 2019, an
amount of Rs.1,79,072/- has been inadvertently mentioned instead of
Rs.1,11,443/-. It is further submitted that the petitioner, Ashok
Chandrahasya Deshmukh, expired on 22.05.2026 before he could receive
the amount directed to be paid by this Court and, therefore, the said amount
be directed to be paid to applicant No.1-Ashabai W/o. Ashokrao Deshmukh,
who is the legal representative of the deceased petitioner. Learned counsel,
therefore, seeks modification of the order to that extent.
10-CA-9243-26.odt
2
3. Having considered the submissions advanced by the learned counsel
for the applicants and the averments made in the Application, the
Application deserves to be allowed. Hence, the following order:
ORDER
(i) The Civil Application is allowed in terms of prayer clause ‘B’, which
reads thus:
“(B) The order passed by this Hon’ble Court in W.P.
No.6159/2019, dated 23.04.2026, may kindly be suitably
modified and the respondent may kindly be directed to pay an
amount of Rs.1,11,443/- in favour of applicant No.1 i.e.
Ashabai W/o. Ashokrao Deshmukh.”
(ii) In paragraph No.6 of the order dated 23.04.2026, the amount of
“Rs.1,79,072/-” shall be substituted by the amount of “Rs.1,11,443/-”.
(iii) Paragraph No.9 of the order dated 23.04.2026 shall stand replaced
by the following paragraph:
“9. The Respondent is directed to pay the said amount to
applicant No.1-Ashabai W/o. Ashokrao Deshmukh.. It is
made clear that the legal representative shall be entitled to
receive the said amount upon submitting the heirship
certificate.”
(iv) Rest of the order dated 23.04.2026 shall remain unaltered.
(v) Necessary corrections be carried out accordingly and the corrected
copy of the order be uploaded.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
S P Rane
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