Mrs. Manjulaben A Patel v. Mr.Vishanji L Patel

N.Sathish Kumar,J., This Civil Suit is listed today under the caption ''For Being Mentioned'' at the instance of the learned counsel for both sides seeking to rectify the typographical error that occurred in the Joint Memo of Compromise filed by the parties dated 09.11.2023.

2. The Suit has been disposed of by this Court vide Judgement dated 09.11.2023, based on the Joint Memo of Compromise entered into between the parties dated 09.11.2023.

3. Now, it is stated by the learned counsel appearing for both sides that suit property covers Schedule A to Schedule E, however, while drafting the Memo of Compromise, in property mentioned in Item No.4 of 'A' schedule, certain typographical errors were crept in, that in Item No., and the said mistakes has to be corrected in the final decree proceedings. 1/4

4. When the matter was taken up on an earlier occasion, i.e. on 29.01.2025, this Court orally directed the parties to file an individual affidavit agreeing for such corrections, pursuant to which, the plaintiff and defendants 1 and 3 have filed individual affidavits. However, defendant Nos.2 has not signed, as, he has not been alloted such property. Defendant No.3 is none other than the wife of defendant No.2 and all the plaintiff and the defendants 1 and 3 have filed affidavits before this Court agreing for corrections.

5. Thus, in view of the individual affidavits filed by the plaintiff, defendants 1 and 3 respectively, this Court directs the Registry to rectify the errors that has occurred while drafting the the Joint Memo of Compromise, in Schedule A (Immovable Properties), covered under Item No.4, bearing the caption, ''Property Presently Owned by Firm'' in the following manner;- i) In the first line ''All that piece and parcel of Northern Portion of Vacant Land'', the word ''Northern,'' shall be replaced with the words, ''Southern''.

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ii) Similarly in the third line, property comprised in S.No.1427/B Part has to be replaced by ''S.No.1427/8 Part'' iii) Finally, in the ninth line, ''Remaining portion of A schedule property in T.S.No.1/2 Part has to be replaced with ''The lands in Survey No.1427'''

Registry is directed to make necessary corrections in the above said judgment and issue a fresh amended copy of the same. 30.01.2025 3/4

N.Sathish Kumar,J., 30/01/2025 4/4