Ameen Ekka vs Suresh
2023 Latest Caselaw 286 Chatt

                                                   1

                                                                                              NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                                      SA No. 671 of 2015
      Ameen Ekka S/o Ganjhoo Ekka, Aged About 64 Years Caste- Uraon,
       R/o     Village      Telaidhar,      Tahsil    Sitapur, Distt. Surguja,
       Chhattisgarh ..........Plaintiff, Chhattisgarh
                                                                                     ---- Appellant
                                                Versus
     1. Suresh S/o Bajru, Aged About 43 Years
     2. Phoolchandra S/o Bajru, Aged About 41 Years
     3. Bairunchus S/o Gajru, Aged About 45 Years
     4. Victor S/o Gajru, Aged About 47 Years
     5. Ganohar S/o Gajru, Aged About 49 Years
     6. Jagdish S/o Bajru, Aged About 46 Years
     7. Ulsan S/o Bajru, Aged About 48 Years
        All by Caste- Uraon, R/o Village Telaidhar, Tahsil Sitapur, Distt. Surguja,
        Chhattisgarh
     8. State   Of     Chhattisgarh,     Through     The                    Collector,       Surguja,
        Chhattisgarh ..........Defendants, Chhattisgarh
                                                                                ---- Respondents
_____________________________________________________________________
For Appellant:                              :        Shri J.K. Saxena, Advocate
For Respondent Nos.1 & 3                    :        Shri Akhtar Hussain, Advocate
For Respondent Nos. 2 & 4 to 7              :        None, though served
For Respondent No.8/State                   :        Shri Ravi Pal Maheshwari, Panel
                                                     Lawyer
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Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board

13.01.2023

1. Heard.

2. This appeal has been preferred by the Plaintiff- Ameen Ekka against the

judgment and decree dated 21.02.2014 passed by the 2 nd Additional District

Judge, Surguja, Ambikapur in Civil Appeal No.137-A/2011, whereby, the

learned appellate court has modified the judgment and decree dated

11.01.2008 as passed by the 2nd Civil Judge, Class-II, (Ambikapur)Surguja in

Civil Suit No.149-A/2007.

3. At the outset, learned counsel appearing for the Appellant while

referring to paragraph 18 of the judgment and decree under appeal, submits

that despite holding that the judgment and decree as passed by the concerned

trial court on 11.01.2008 in Civil Suit No. 149-A/2007 is incorrect in so far as

the allotment of share of Smt. Khoso Bai wd/o Shri Chhotaiya is concerned,

but has inadvertently, owing to clerical mistake, affirmed the same, and

therefore, he wants to withdraw this appeal with liberty to move an appropriate

application in this regard before the concerned appellate court, i.e. 2 nd

Additional District Judge, Surguja, Ambikapur for correction of the said clerical

mistake as provided under Section 152 of the Code of Civil Procedure, 1908

(hereinafter referred to as the 'CPC').

4. Shri Akhtar Hussain and Shri Ravi Pal Maheshwari, learned counsel

appearing for the respective Respondents, have raised no objection with

regard to the said submission of the counsel for the Appellant as the mistake

committed by the lower appellate court to this effect was apparent on the face

of the record, and therefore, he may be permitted to move an appropriate

application, as prayed for by him.

5. Considering the aforesaid contention of the learned counsel for the

parties, and that by considering further the clerical mistake so occurred

apparently at paragraph 18 of the impugned judgment and decree dated

21.02.2014 passed by the 2nd Additional District Judge, Surguja, Ambikapur in

Civil Appeal No.137-A/2011, I am, inclined to permit the Appellant/Plaintiff for

the withdrawal of this appeal in order to provide him to move an appropriate

application under Section 152 of the CPC for correction of the said mistake

before the lower appellate court, i.e. 2nd Additional District Judge, Surguja,

Ambikapur.

6. With the aforesaid observation, the appeal is accordingly disposed of.

7. Registry is directed to send the records of the Courts below to the

concerned Additional District Judge, Surguja(Ambikapur) forthwith.

Sd/-

(Sanjay S. Agrawal) JUDGE sunita