Satyanarayan S/O Bholanth Pande ... vs Nagpur Municipal Corporation, ...
2021 Latest Caselaw 8641 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                        WRIT PETITION NOS. 1723 OF 2021
                     Satyanarayan s/o Bholanath Pande and another
                                         -Vs.-
                        Nagpur Municipal Corporation and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.S.R.Chakravarti, counsel for the petitioners.



                                                CORAM : MANISH PITALE, J.

                                                DATE           : 30.06.2021


                                          Hearing           was        conducted             through          video

conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard the learned counsel for the petitioners.

3. It is submitted that in the present case, the Court below committed an error in rejecting an application filed on behalf of the petitioners under section 152 of the Code of Civil Procedure for correction in the judgment and decree. It is pointed out that the reasoning given in the impugned order is wholly unsustainable for the reason that a separate schedule of property was indeed placed on record with the plaint and it was part of the record during the proceeding of the suit.

4. Perusal of the amended prayer in the plaint also shows that description of property includes the details

KHUNTE

4-wp1723.21.odt

regarding the City Survey number being 146. It appears that due to an error, in the judgment and decree of the Court below, instead the City Survey number being recorded as 146, it has been recorded as 164. Prima facie it appears that the Court below has erred in refusing the correction in the judgment and decree.

5. Hence, issue notice for final disposal, returnable in four weeks.

JUDGE

KHUNTE