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Bombay High Court

SMT.SAROJ KAMLAKAR DHARMAMER (AND OTHER) LATE KAMLAKAR MAHADEV DHARMAMER AND OTHERSversusSHRI.RAVINDRA MORESHWAR DHARMAMER AND OTHERS

Decided
Disposal
Disposed Off

Holding

The court allowed the correction of the name of Respondent No.9.

Summary

The applicants filed an interim application before the Bombay High Court seeking correction of the name of Respondent No.9 in Second Appeal (ST) No.35559 of 2017. The court examined whether such a correction could be permitted without prejudice to the parties. It found that the application satisfied the procedural requirements and that the correction was a mere clerical amendment. Accordingly, the court ordered that the name of Respondent No.9 be corrected and that the amendment be effected within three weeks from the order. The interim application was thereafter disposed of, and the second appeal was listed for admission on 1 October 2026.

Issues considered

  • Whether the High Court can allow correction of the name of a respondent in an ongoing appeal

Subjects

  • name correction
  • interim application
  • civil appellate jurisdiction
  • High Court of Bombay

Judgment

                       Priyanka                                           28-SA(ST)-35559-2017.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                       INTERIM APPLICATION NO.85 OF 2019
                                                         WITH
                                       SECOND APPEAL(ST) NO.35559 OF 2017

                       Saroj Kamlakar Dharmamer (& Other) Late           ...Applicants/Appellants
                       Kamlakar Mahadev Dharmamer & Ors
                                           V/s.

                       Ravindra Moreshwar Dharmamer & Ors                     ...Respondents
          Digitally
                                                ________________
          signed by
          PRIYANKA
PRIYANKA  MADHAVRAO
MADHAVRAO KALE
KALE      Date:
                       Mr. Saket Joshi i/by Mr. Nitin Gangal for Applicants/Appellants.
          2026.08.29
          18:17:53
          +0530
                                                    ________________
                                                               CORAM: SANDEEP V. MARNE, J.
                                                               DATED: 28 AUGUST 2026.
                       P.C.:

                       1)          The Application is filed for correcting the name of
                       Respondent No.9.


                       2)          For the reasons indicated in the Application, the same is
                       allowed. The name of Respondent No.9 is permitted to be corrected.
                       Amendment to be carried out within a period of three weeks from today.


                       3)          Accordingly, the Interim Application is disposed off.


                       4)          List the Second Appeal for admission on 1 October 2026.


                                                                         [SANDEEP V. MARNE, J.]

                                                        Page No.1 of 1
                                                       28 August 2026


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