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Patna High CourtSA/199/2013disposed

Firoz Ahmad And ORS. v. Amna Khatoon And ORS.

2017-08-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.199 of 2013 ====================================================== Firoz Ahmad & Ors.

... ... Appellant/s

Versus

Amna Khatoon & Ors.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Udit Narayan Singh For the Respondent/s :

Mr. Najeeb Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-04-2018 I. A. NO. 726 OF 2018 This application has been filed under Section 152 of the Code of Civil Procedure, 1908, for modification of the orders, dated 10.10.2017 and 16.11.2017, passed in Second Appeal No. 199 of 2013, based on compromise petition. It is the assertion made in paragraph no. 3 of the application, that out of typographical error at Page Nos. 5 and 6 of I.A. No. 3732 of 2017, in Second Appeal No. 199 of 2013, 'Khata No. 117' has been mentioned in place of 'Khata No. 217'. Because of the said mistake in the compromise petition, being I.A. No. 3732 of 2017, that in the orders, dated 10.10.2017 and 06.11.2017, 'Khata No. 117' has been typed in place of 'Khata No. 217'. It is asserted that only when taking steps for mutation of the land in their respective names, the

Patna High Court SA No.199 of 2013(16) dt.13-04-2018 2/2 parties learnt that 'Khata No. 117' has been wrongly typed in place of 'Khata No. 217'.

Learned Counsel appearing on behalf of the respondents does not oppose the prayer so made in the present application.

I. A. No. 726 of 2018 is, accordingly, allowed. Learned Counsel for the appellants is permitted to make necessary corrections at page nos. 5 and 6 of I. A. No. 3732 of 2017.

Consequently the orders, dated 10.10.2017 and 06.11.2017, are also modified to the extent that in the said orders, 'Khata No. 217' shall be read in place of 'Khata No. 117'.

(Chakradhari Sharan Singh, J) Ashish/- U √