Kaushalya Rani Charity Trust And ORS v. Purnima Nayak And ANR

23.09.2024 (D/L-2) Ct. No.4 (Naba) F.M.A.T. 279 of 2024 Kaushalya Rani Charity Trust & Ors.

Vs.

Purnima Nayak & Anr.

Mr. Anirudh Chatterjee, Mr. Anirudh Goyal.

...for the Appellants Mr. Rohit Das, Mr. Indradip Das, Ms. K. Rahman.

...for the Respondents

1. The learned counsel for the appellants submits that there are typographical errors in the order dated 04.09.2024.

2. The date on which summons were issued has wrongly been mentioned in paragraph 12 as "07.02.2023" instead of "07.12.2023".

3. There is another typographical error in the 7th line of paragraph 14 of the order dated 04.09.2024. The date of receipt of the summons has wrongly been mentioned as "13.11.2021" instead of "27.01.2021".

4. Another inadvertent error which has been pointed out by the learned counsel for the appellants in the 6th line of the paragraph no. 6 of the order dated 04.09.2024. It has wrongly been mentioned that "the

respondents are in occupation of a single room".

5. On considering the submission of the learned counsel for the appellants and since the learned counsel for the respondents is present in the Court, we direct:

(i) The date in paragraph 12 of the order dated 04.09.2024 be read as "07.12.2023"

instead of "07.02.2023".

(ii) The date in the 7th line of paragraph 14 of the order dated 04.09.2024 be read as "27.01.2021" instead of "13.11.2021".

(iii) In the 6th line of paragraph 6, instead of "a single room", the order shall be read as "He further submits that the respondents are in occupation of rooms situated on the 4th floor and beyond those they are not in occupation of any other portion on the roof top".

6. The order stands modified accordingly.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)