Shri Ashok Shankar Nikam And Ors vs Shri Shivaji Krishna Patil ...
2021 Latest Caselaw 3066 Bom

                                                                           (6) WP-7339-2018.doc

BDP-SPS

  Bharat
  D.
  Pandit
  Digitally signed
  by Bharat D.
  Pandit
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
  Date:
  2021.02.20
  13:23:13 +0530




                                        WRIT PETITION NO. 7339 OF 2018

                     Shri Ashok Shankar Nikam and Ors                ..... Petitioners.
                                 Vs.
                     Shri Shivaji Krishna Patil (Nikam)
                     and Ors.                                        ..... Respondents.

                     Ms. Anjali R. Shiledkar Baxi for the Petitioners.

                                         CORAM: NITIN W. SAMBRE, J.

                                         DATE:    FEBRUARY 16, 2021
                     P.C.:-


                     1]       Heard.



                     2]       Petition is by a decree holder questioning the order impugned

passed below Exhibit-59 in Final Decree Proceedings No.1 of 2007

whereby prayer of the Petitioner for carrying out certain corrections in

the decree came to be rejected. Admittedly, decree for partition is

passed by the Court of Civil Judge, Senior Division and execution

proceedings thereof are pending before the Civil Judge, Junior

Division, Sangli. Petitioner has sought corrections in the decree in

exercise of powers under Section 152 of CPC. As far as corrections

which are sought in the decree are concerned, there is no error on the

(6) WP-7339-2018.doc

part of the Court in drawing decree or also in the judgment while

recording description of the property, as the property was correctly

described, as has been mentioned in the plaint. What Petitioner wants

is, location of the property mentioned in the plaint be corrected to be

situated adjoining Sangli Village or within the limitation of Sangli

District. Such correction is required to be carried out in the decree by

the appropriate court who has passed the decree and not by the

executing court as correction in the decree has to be preceded with

application thereby seeking correction in the plaint also.

3] In the aforesaid backdrop, executing court rightly directed the

Petitioner to move the court which has passed the decree, for

correction.

4] The scope of Section 152 of CPC cannot bring in its ambit the

correction as is sough to be carried out in the decree based on

incorrect narration of property in the plaint. As such, Petitioner is at

liberty to approach the Court which has passed the decree for

appropriate correction. While dealing with such prayer, the Court

which has passed the decree shall be sensitive to the fact that there is

(6) WP-7339-2018.doc

already an adjudication on merit and no substantial change in the

schedule is sought but for minor correction.

5] With the above observations Petition stands dismissed.

( NITIN W. SAMBRE, J. )