Bombay High Court

UMESH DIGAMBAR POTDARversusTHE STATE OF MAH and ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court allowed the correction of the clerical error, directing the order to be amended as specified.

Summary

The appellants, Umesh Potdar and Jaymillakarjun Guru, filed a motion before the Bombay High Court seeking correction of a clerical mistake in the minutes of an earlier order dated 02.02.2026. The mistake pertained to the description of land acquisition reference numbers and survey details of the appellants' lands. The court examined the claim that the error was inadvertent and that a correction would not affect the substantive rights of the parties. It held that the correction was permissible as a matter of clerical amendment. Accordingly, the court ordered the necessary replacement and correction of the order and directed that the corrected order be uploaded, disposing of the motion.

Issues considered

Whether a clerical error in a court order can be corrected without a fresh hearing
Whether the correction of land acquisition reference numbers affects the substantive rights of the parties

Subjects

Land Acquisition
Clerical Error
Order Correction
Civil Procedure

Judgment

2026:BHC-AUG:9651
                This Order is Speaking to Minutes order of order dated //
                                                                                 fa-1186 and1185 of 2006
                                                             -1-



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                        FIRST APPEAL NO. 1186 OF 2006

                                          Umesh s/o Digembar Potdar
                                                     VERSUS
                                        The State of Maharashtra and Anr

                                                    WITH
                                        FIRST APPEAL NO. 1185 OF 2006

                                    Jaymillakarjun Shivacharya Guru,
                                                 VERSUS
                                    The State of Maharashtra and Anr
                                                   ...
                 Mr. V. V. Ingale, Advocate for Appellant
                                                   ...

                                            CORAM : SANJAY A. DESHMUKH, J.
                                            DATED : 11TH MARCH, 2026

                 ORDER:-

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

                 2.              This motion is made for speaking to minutes of the order
                 dated 02.02.2026.

                 3.              In third and fourth lines of clause-1 of the order “Land

                 Acquisition Reference No.282 of 2004, dated 26.08.2005 bearing

                 survey     No.82/1/2        admeasuring           6H   20   R     was   inadvertently

                 mentioned. It is to be corrected and read as:

                        “Land Acquisition Reference No.172 of 2004 and 282 of
                        2004 dated 26.08.2005. Appellants' lands bearing
                        survey No.82/1/2 admeasuring 6H 20R and survey
                        No.83 admeasuring 12H 22R”.
This Order is Speaking to Minutes order of order dated //
                                                                 fa-1186 and1185 of 2006
                                             -2-



 4.              Necessary replacement and corrections be carried out and

 corrected order be uploaded.

 5.              The motion is allowed in above terms and disposed off

 accordingly.


                                                            (SANJAY A. DESHMUKH, J.)

 HRJadhav

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