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Bombay High Court

KAMLAKAR MALLIKARJUNAPPA YENAGUREversusLOHARA TALUKA SHIKSHAK AND SEVAKANCHI SAHAKARI PATSANSTHA MARYADIT THROUGH ITS CHAIRMAN AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court corrected Paragraph 1 of the order to reflect the settlement and ordered the corrected copy to be uploaded.

Summary

In a writ petition filed by Kamlakar Mallikarjunappa Yenagure against Lohara Taluka Shikshak and SevaKanshi Sahakari Patsanstha Maryadit, the parties reached an out‑of‑court settlement wherein the petitioner agreed to pay Rs.1,99,024 to the respondent society, which the society accepted as full and final settlement. The original order dated 04.03.2026 mistakenly stated that the respondent had deposited the amount, prompting the petitioner’s counsel to seek a correction. The Court, after hearing the counsel, corrected Paragraph 1 of the order to accurately reflect the settlement terms and the mutual withdrawal of pending proceedings. The correction was ordered to be effected and the corrected copy uploaded. The motion for correction was thereafter disposed of.

Issues considered

  • Whether the order dated 04.03.2026 can be corrected to accurately reflect the parties' settlement and the direction to withdraw pending proceedings

Subjects

  • settlement
  • correction of order
  • writ petition
  • civil procedure
  • withdrawal of proceedings

Judgment

2026:BHC-AUG:9130
                 This Order is Speaking to Minutes order of order dated //
                                                                               M1.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                                  WRIT PETITION NO.4093 OF 2018

                    KAMLAKAR MALLIKARJUNAPPA YENAGURE
                                  VERSUS
              LOHARA TALUKA SHIKSHAK AND SEVAKANSHI SAHAKARI
           PATSANSTHA MARYADIT THROUGH ITS CHAIRMAN AND OTHERS
                                               ….
                           Mr. N. K. Tungar, Advocate for the Petitioner
                                                ...
                                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                                 DATE           : 07.03.2026

          PER COURT :

          1.    This motion is made for speaking to the minutes in respect of the
          order dated 04.03.2026.


          2.    The learned Counsel for the petitioner pointed out that in
          Paragraph No.1 of the aforesaid order, it was inadvertently mentioned
          that respondent no.1 has deposited a sum of Rs.1,99,024/-, which the
          petitioner has duly accepted but instead, it ought to have been
          mentioned that the parties have settled the dispute out side the Court
          and in view of settlement, the petitioner has agreed to deposit a sum of
          Rs.1,99,024/- with respondent – Society, which the respondent –
          Society has agreed to accept in full and final settlement of the dispute.


          3.    In view of thereof, Paragraph No.1 of the aforesaid order stands
          corrected as follows :

               “1. Both the learned Counsel submits that the parties have
               arrived at a settlement outside the Court, whereby the
               petitioner has agreed to deposit Rs.1,99,024/- with
               respondent – Society, which the respondent – Society has
                                                          1
        This Order is Speaking to Minutes order of order dated //
                                                                           M1.odt


     agreed to accept in full and final settlement of the dispute.
     Consequently, both the petitioner and the respondents have
     agreed to withdraw all pending proceedings against each
     other.”

4.      Necessary correction be carried out accordingly and corrected
copy be uploaded.


5.      The motion stands disposed of.



                                                  [SIDDHESHWAR S. THOMBRE, J.]




Sameer/March-2026




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