B.Kalyani v. R.Sivaprakasam And 3 Others

A.No.1075 of 2023 in C.S.No.306 of 2002 R.N.MANJULA,J.

The application has been filed to amend the clause 16 of the final decree dated 05.12.2019, wherein, it is mentioned as under: "That the suit property morefully set out in Schedule in item No.(vi) hereunder, shall be allotted to R.Sivaprakasam, R.Rajalakshmi and B.Kalyani, the plaintiff and defendants 3 and 4."

2. The learned counsel for the decree holder / plaintiff has submitted that in the above said clause No.16 after the word 'schedule' in the first line 'II' ought to have been inserted. But it has been omitted due to inadvertence and hence it should be corrected. So the corrected version would be as under:

"That the suit property morefully set out in Schedule II in item No.(vi) hereunder, shall be allotted to R.Sivaprakasam, R.Rajalakshmi and B.Kalyani, the plaintiff and defendants 3 and 4."

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R.N.MANJULA,J.

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3. The respondents and other sharers have no objection as they had admitted that it is a clerical omission. Hence the said clerical omission has to be rectified and to that extent, this Application is allowed.

4. Registry is directed to do the needful and take the final decree that has been submitted to the learned counsel for the decree holder / plaintiff and also collect the certified copies of the decree and ensure that the above said correction is done on the decree and certified copies of the decree possessed by the parties concerned in accordance with the procedure that should be followed. After effecting the correction and causing it reflected in the records of the concerned Sub-Registrar, the amended final decree and the certified copy of the decree shall be returned to the decree / holder plaintiff and the respective parties. A copy of this order is also ordered to be served on the concerned Sub-Registrar for doing the needful.

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