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2026 DAILYLAW 9406 (BOM)

TUKARAM BIJAJI GOTE DIED THROUGH LRS ZUMBARBAI AND OTHERS. v. THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, COLLECTOR OFFICE, AURANGABAD AND ORS.

CA/10385/2026 · 2026-09-11

Civil Appealbody2026

Judgment text

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929 CA 10385 OF 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 10385 OF 2026 IN FA/1260/2024 TUKARAM BIJAJI GOTE DIED THROUGH LRS ZUMBARBAI AND OTHERS. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, COLLECTOR OFFICE, AURANGABAD AND ORS. ... Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondent nos. 1 & 2 : Mrs. D.S. Jape Advocate for Respondent Nos. 3 & 4 : Mrs. Vaishali S. Swami h/f Mr. Sudhir G. Bhalerao ... CORAM : SMT. MANJUSHA AJAY DESHPANDE, J. DATE : 11.09.2026 PER COURT : This application is filed by the claimant-respondent in First Appeal filed by the Acquiring body. It is submitted that middle name of applicant no. 4 Santosh Sakharam Gote in the First Appeal (St) No. 14282/2022 and C.A. No. 4629/2024 is wrongly shown as ‘Bijaji’. It ought to have been ‘Sakharam’. It is submitted that the claimants have already corrected the middle name of applicant no. 4 in the judgment and award passed by the Reference Court. Copy of the corrected middle name of applicant no. 4 is annexed to the Civil Application. It is submitted that in view thereof, the applicant may be permitted to correct the middle name in the First Appeal as well as Civil Application, which are pending before this Court. 1/2 2026:BHC-AUG:42436 929 CA 10385 OF 2026.odt 2. After perusing the copy of the judgment, I find that there is correction made in the middle name of applicant no. 4 before the Reference Court on 24.03.2026. 3. During the course of arguments, learned advocate for applicant also points out that while allowing the application (Civil Application No. 4629/2024) for withdrawal of amount filed by the claimants before this Court, this Court vide order dated 07.05.2024 had allowed the applicants to withdraw 75% of the amount deposited by the Acquiring Body. In the order itself directed that the cheque of equal share shall be issued in the name of Zumbarbai Tukaram Gote, Mandabai Bhausaheb Gote, Chandrakala Sakharam Gote and Santosh Balaji Gote. It is submitted that on account of wrong middle name shown in the title clause of the appeal, the same is reiterated in the order passed by this Court, which needs to be corrected. Unless it is corrected, the withdrawal of amount is not permitted on account of discrepancy in the middle name of the applicant in the order and ID card. 4. In view of the aforementioned difficulty faced by the applicant, the order passed by this Court on 07.05.2024 is modified to the extent that name of Santosh shall be read as ‘Santosh Sakharam Gote’ in the order dated 07.05.2024. Accordingly, the applicant is permitted to withdraw the amount of compensation to the extent of his share. 5. Civil Application stands disposed of. ( SMT. MANJUSHA AJAY DESHPANDE, J.) mkd/- 2/2