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Bombay High Court

Baban Santram Totare and ors.versusThe Union of India, Through the General Manager, Central Railway, Chattrapati Shivaji Terminus,

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that correction of the names of Applicants 1 and 4 in the first appeal may be allowed and ordered the parties to effect the amendment within two weeks.

Summary

The petitioners, Baban Santram Totare and others, filed a civil application seeking correction of the names of Applicants 1 and 4 in a first appeal filed by the Union of India. The Union of India, as the acquiring body, was the respondent. The court examined the averments made in the application and considered whether such a correction could be permitted under the procedural rules. Finding merit in the petitioners' request, the court allowed the application in accordance with prayer clauses B and C. It directed the parties to effect the name amendment within two weeks and thereafter disposed of the civil application.

Issues considered

  • Whether the correction of the names of parties in a first appeal filed by the Union of India can be permitted
  • Whether the court may order the parties to amend the appeal within a specified time

Subjects

  • civil procedure
  • amendment of pleadings
  • correction of names
  • high court
  • appeal

Judgment

2026:BHC-AUG:39618


                                                   1                          944.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 9605 OF 2026
                                       IN FA/615/2026
                             BABAN SANTRAM TOTARE AND ORS.
                                                VERSUS
                   THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
                     CENTRAL RAILWAY, CHATTRAPATI SHIVAJI TERMINUS,
                                                   ...
                      Advocate for Applicants : Mr. Shinde Chandrakant Kondiram
                           AGP for Respondent No. 3 : Ms. Preeti Diggikar
                                                  …
                                        CORAM : MANJUSHA DESHPANDE, J.
                                        DATE : 28th AUGUST, 2026


              PER COURT :

              1.            The Applicants are seeking correction in name of Applicant

              nos. 1 and 4, in First Appeal filed by the acquiring body / Union of India.

              2.            In view of averments made in the Application, Civil

              Application is allowed in terms of prayer clause ‘B’ and ‘C’.

              3.            Amendment be carried out by the parties within a period of

              two weeks.

              4.            Civil Application stands disposed of.




                                                 ( MANJUSHA DESHPANDE, J. )
              SPC


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