Dhanalakshmi v. Janaki Ammal

C.M.P.No. 11550 of 2023 in S.A. No. 1391 of 2008 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to make correction in the judgment of this court in the above Second Appeal.

2. Mr.V.Ashok Kumar, learned counsel for petitioner/appellant submitted that the above Second Appeal was partly allowed on 17.03.2014 and the copy of certified order was also communicated to parties. Later, when the petitioner attempted to execute the judgment of this court, it was noticed that the date in the certified copy of judgment was mentioned as 17.03.2004 instead of 17.03.2014. However, due to oversight, it was not brought to the knowledge of this court on that particular period and the same was not amended. Only during the month of December 2022, while the petitioner approached his counsel to obtain legal advice on execution of the order, it was noticed. So, the prolonged period in approaching this Court is neither willful nor wanton and if it was not corrected, the petitioner may not enjoy the fruits of the decree. Hence, he has filed the above petition to direct the registry to modify the order.

3. Mr.D.Shivakumar, learned counsel appearing for respondents 1 to 4 appeared and submitted that he has no objection in allowing this petition.

4. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit, this Court is inclined to allow this petition. Registry is directed to modify the date of judgment as 17.03.2014 instead of 17.03.2004 in the certified copy of the judgment of above Second Appeal.

19.09.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 11550 of 2023 in S.A. No. 1391 of 2008 19.09.2023