HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
Civil Revision Petition No.113 of 2021
ORDER:
This Civil Revision Petition is filed against the order, dated 29.02.2020, passed in I.A. No.213 of 2020 in O.S No.487 of 1995 by the VIII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, wherein and whereby the Court below ordered notice in the application filed by the petitioners under Section 152 CPC for rectification of the decree in O.S No.487 of 1995, dated 29.10.2010.
2. Heard learned counsel for the petitioner.
3. Learned counsel for the petitioner submits that with regard to ordering notice dated 29.02.2020 to respondents No.1 to 3, who are plaintiffs in the suit, the petitioner has no objection since relief is granted to them in the suit and with regard to ordering notice to other respondents by way of the impugned order is objectionable to the petitioner because no relief is granted to them in the suit. He further submits that now the relief sought in the application is rectifying the decree in terms of the judgment. He also submits that the judgment and decree have become final, as such the other respondents have no say in the matter for rectification of the decree in terms of judgment and that the petitioner has specifically raised the same before the Court below, but the Court below brushing aside the same, issued notice to respondents who are not necessary parties to the petition. 2
4. A reading of the judgment goes to show that in paragraph-27 the relief is granted to petitioner herein, who is defendant No.21, but the operative portion of the judgment is silent about the same. Be that as it may, since the rectification application is pending, it is for the Court below to consider the same. Since it is asserted that the respondents other than respondent Nos.1 to 3 are not necessary parties, there is no finding of the Court below and the notice is ordered to other respondents though the issue is said to have been raised before the trial Court.
5. In view of the same, it is open for the petitioners to make a necessary application bringing the above said facts to the notice of the trail Court and the trial Court is directed to consider the same and pass orders and thereafter, dispose of the application for rectification of the decree. This Court has not expressed any opinion on the merits of the case.
6. The Civil Revision Petition is disposed of with the above directions. No order as to costs. Miscellaneous applications, if any pending, shall stand closed.
__________________________ A. RAJASHEKER REDDY, J January 29, 2021 KTL