Bombay High Court

CHATRAPATI S/O RAMCHANDRA MULE AND ANRversusTHE STATE OF MAHARASHTRA THR THE COLLECTOR, PARBHANI AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED
Bench: SHAILESH P BRAHME

Holding

The omission was a clerical error and the advocate's name must be added to the title clause of the order.

Summary

The Court considered a motion to "speak to the minutes" of a common order dated 27‑02‑2026, seeking to correct an omission of the acquiring body's counsel, Mr. B. R. Survase, from the title clause of several appeals. Learned counsel pointed out that the advocate's name was inadvertently left out despite his participation in the proceedings. The Court held that the omission was a clerical error and should be rectified by inserting the advocate's name in the title clause of each appeal. Consequently, the Court ordered that a corrected copy of the order be uploaded with the advocate's name added. The motion was disposed of after the correction was directed.

Issues considered

Whether the omission of an advocate's name from the title clause of a court order warrants correction through a motion to speak to the minutes

Subjects

procedural rectification
title clause
court minutes
advocate representation
clerical error

Judgment

2026:BHC-AUG:9175
                This Order is Speaking to Minutes order of order dated //




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                                      AT AURANGABAD

                                         FIRST APPEAL NO. 2154 OF 2023

                           HIMMATRAO DHONDIRAM BARHATE AND ANOTHER
                                                 VERSUS
                        THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR,
                                          PARBHANI AND OTHERS
                                                     ...
                            Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba
                               AGP for Respondent nos. 1 & 2 : Mr. S.V. Hange
                       Advocate for Respondent No. 3 : Mr. Kutti Chaudhari Chaitali R.
                                                     …
                                      FIRST APPEAL NO. 2191 OF 2023

                         SUJAL @ LAXMIKANT S/O SARJERAO BARHATE UNDER
                                       GUARDIANSHIP OF SARJERAO
                                                 VERSUS
                     THE STATE OF MAHARASHTRA THR THE COLLECTOR, PARBHANI
                                                AND ORS
                                                     ...
                            Advocate for Appellant : Mr. Bhise Vitthal Dnyanoba
                                AGP for Respondent no.1 & 2 : Mr. S.V. Hange
                      Advocate for Respondent No.3/Acquiring Body : Mr. B. R. Survase.
                                                     …
                                FIRST APPEAL (STAMP) NO. 18219 OF 2021

                                       LIMBAJI EKNATH KACHARE
                                                VERSUS
                     THE STATE OF MAHARASHTRA THR THE COLLECTOR, PARBHANI
                                               AND ORS
                                                    ...
                               Advocate for Applicant : Mr. Bhise Vitthal D.
                           AGP for Respondent nos. 1 & 2 : Mr. S. N. Morampalle
                          Advocate for Respondent No. 3 : Mr. Virdhe Bhushan V.
                                                   …
                                                  WITH
                                    FIRST APPEAL NO. 2260 OF 2023

                               JIJABAI VISHWAWNATH MULE AND OTHERS
                                               VERSUS
                        THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                         PARBHANI AND OTHERS
                                                  …
This Order is Speaking to Minutes order of order dated //




                 Advocate for Applicant : Mr. Bhise Vitthal D.
           AGP for Respondent nos. 1 & 2 : Mr. S. N. Morampalle
      Advocate for Respondent No.3/Acquiring Body : Mr. B. R. Survase.
                                     …
                                    WITH
                     FIRST APPEAL NO. 3126 OF 2023

           CHATRAPATI S/O RAMCHANDRA MULE AND ANOTHER
                                 VERSUS
         THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                         PARBHANI AND OTHERS
                                    …
                Advocate for Applicant : Mr. Bhise Vitthal D.
               AGP for Respondent nos. 1 & 2 : Mr. S. V. Hange
               Advocate for Respondent No. 3 : Mr. S.S. Dande
                                    …
                                   WITH
                     FIRST APPEAL NO. 3127 OF 2023

                      RAMCHANDRA PUNJIRAM MULE
                                 VERSUS
         THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                          PARBHANI AND OTHERS
                                    …
                Advocate for Applicant : Mr. Bhise Vitthal D.
               AGP for Respondent nos. 1 & 2 : Mr. N. D. Raje
           Advocate for Respondent No. 3 : Ms. Deshpande Geeta L.
                                    …

                                     CORAM :          SHAILESH P. BRAHME, J.
                                     DATE :           17.04.2026
    PER COURT :-


    1.      This motion is for “speaking to the minutes” of common

    order dated 27.02.2026.


    2.      It is pointed out by learned counsel Mr. Survase who was

    representing for the acquiring body and his appearance has not

    been shown in the title clause.
This Order is Speaking to Minutes order of order dated //




    3.      Mr. Survase represented the acquiring body and assisted

    this Court in deciding appeals. His name should have been

    reflected in the title clause of the order. The mistake is due to

    inadvertence. It needs to be rectified.


    4.      In the title clause, at the appearances of parties, name of

    Mr. B. R. Survase appearing for respondent/acquiring body be

    added in respective appeals.


    5.      Corrected copy be uploaded.


    6.      Motion for speaking to the minutes stands disposed of.




                                                   (SHAILESH P. BRAHME, J.)

                                            ...

    vmk/-

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