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Madras High CourtA/2576/2020decreed

Dr.D.S.Manohar v. D.S.Ramesh

2022-03-22Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

in C.S.No.315 of 2014 V.BHAVANI SUBBAROYAN.J, This matter is listed today under the caption 'For Being Mentioned' at the instance of the learned counsel for the applicant.

2. The learned counsel for the applicant / plaintiff would submit that this Court, by an order dated 22.03.2022, allowed the application seeking to grant an order of final decree in the above suit, allotting 1/2 shares in the suit property in favour of the applicant / plaintiff, and passed an order by allotting the rear portion in Plot - B (area 1897 sq.ft) in favour of the plaintiff and front portion in Plot - A (area 1213 sq.ft) in favour of the defendant, as per the additional report filed by the Advocate Commissioner dated 12.01.2022. However, in the order copy, it was wrongly typed as "the plaintiff takes rear portion in Plot - B (area 1622) facing Mint Subbarayalu Street and the defendant takes front portion in Plot - A (area 1476) facing T.H. Road" as per the old report filed by the Advocate Commissioner dated 10.02.2021. Hence, she prayed for suitable directions.

3. The learned counsel has also filed a memo dated 01.09.2022 to the above effect.

3. The memo filed by the learned counsel for the applicant is taken on record.

4. In view of the submissions made by the learned counsel for the applicant, this Court is inclined to correct the errors made in the order dated 22.03.2022.

5. Accordingly, the orders passed in Paragraph No.4 in the order dated 22.03.2022 are substituted as follows :

"On perusal of the additional report filed by the Advocate Commissioner dated 12.01.2022, it is seen that the plaintiff and the defendant have agreed to divide their respective shares and accordingly, the plaintiff takes the rear portion in Plot - B (area 1897 sq.ft) facing Mint Subbarayalu Street and the defendant takes the front portion in Plot - A (area 1213 sq.ft) facing T.H. Road."

6. The Registry is directed to make necessary amendments in the order dated 22.03.2022 and issue order copy a fresh. 02.09.2022 raja

V.BHAVANI SUBBAROYAN.J,

raja in C.S.No.315 of 2014 02.09.2022