Rajendra Bhure v. Ramesh Kumar Namdeo

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 560 of 2019

1. Rajendra Bhure S/o Late Nagdev Bhure, aged about 48 years R/o Quarter No. EWS-1142, Adarsh Nagar, M.P. Housing Board Colony, Nandani Road, Bhilai, District Durg Chhattisgarh.

2. Ku. Ragini Bhure, D/o Rajendra Bhure, aged about 20 years R/o Quarter No.EWS-1142, Adarsh Nagar, M.P. Housing Board Colony, Nandani Road, Bhilai, District Durg Chhattisgarh. ---- Appellants

Versus

• Ramesh Kumar Namdeo, S/o Shri Hemdas Namdeo, aged about 42 years, R/o Quarter No. EWS-1140, Adarsh Nagar, M.P. Housing Board Colony, Nandani Road, Bhiali, District Durg Chhattisgarh.

---- Respondent For Appellants :

Mr. Chakresh Tiwari & Mr. Manish Thakur, Advocates on behalf of Mr.

B.P. Sharma, Advocate.

Order On Board By Hon'ble Shri Justice Parth Prateem Sahu 09/03/2020

1. Applicants have moved this application under Section 152 of the Code of Civil Procedure, 1908 seeking modification/ correction in the judgment & decree dated 22.2.2019 with regard to 'house number' of suit property, stating that it has been wrongly mentioned due to typographical mistake.

2. Learned counsel for appellants submit that in the plaint, memo of appeal as also in the array of appellants in first appeal, house number of the suit property was mentioned as 'EWS1142', however, on account of inadvertent typographical

mistake, in the judgment & decree dated 22.2.2019 it has wrongly been typed as 'EWS-1141', which needs correction.

3. I have heard learned counsel for appellants and perused the record.

4. From perusal of record it is apparent that in Schedule 'A' to the plaint, the judgment of trial Court and in the memo of appeal filed before this Court, the house number of suit property is mentioned as 'EWS-1142'. Thus, this Court finds that there is an apparent typographical error in the judgment & decree passed by this Court on 22.2.2019 which needs to be corrected because if this error is not corrected, the appellants/applicants will not be able to reap the fruits of decree passed in their favour.

5. Accordingly, the above typographical mistake is hereby rectified and it is ordered that in the judgment dated 22.2.2019 and also in decree prepared in FA No.183/2004 wherever the house number of suit property is mentioned as 'EWS-1141', it shall be read as 'EWS-1142'. This order be made part & parcel of the judgment & decree dated 22.02.2019 and a copy of this order be supplied along with copy of the judgment and decree dated 22.2.2019 passed in FA No.183/2004.

6. MCC stands disposed off .

Sd/- (Parth Prateem Sahu) Judge roshan/-