V. Rajavelu v. Raju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2016

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.184 of 2016 and C.M.P.No.930 of 2016 V.Rajavelu ... Petitioner vs.

1.Raju 2.Selvam ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order of the District Munsif cum Judicial Magistrate, Pappireddipatti dated 15.06.2015 made in I.A.No.930/2014 in I.A.No.137/2014 in O.S.No.29 of 2014.

For Petitioner : Mr.R.Neelakandan

O R D E R

Learned counsel for the petitioner submits that the application for appointment of a Commissioner to measure the land was made in respect of three survey numbers and that though the trial court chose to allow the application, a mistake crept in while coining the operative portion of

the order, wherein one of the three survey numbers alone has been mentioned. Learned counsel for the petitioner submits that it is merely a clerical error which has got to be rectified. As the petitioner himself is convinced that it is a clerical error which has got to be rectified, the same could have been done in the trial court itself. When the same was pointed out, the learned counsel sought the leave of the court to withdraw the petition with liberty to approach the trial court for the said purpose. An endorsement to that effect has been made.

2. The endorsement is recorded and the petition is dismissed as withdrawn and the liberty sought for is granted. Consequently, the connected miscellaneous petition is closed. However there shall be no order as to cost. 01.02.2016 Index : Yes/No Internet : Yes/No asr To The District Munsif cum Judicial Magistrate, Pappireddipatti

P.R.SHIVAKUMAR, J.

asr/- C.R.P (PD) No.184 of 2016 and C.M.P.No.930 of 2016 01.02.2016