Bahadur Singh Yadav vs Mahadev Prasad Yadav
2025 Latest Caselaw 1367 Chatt

Chattisgarh High Court

Bahadur Singh Yadav vs Mahadev Prasad Yadav on 22 January, 2025

          Digitally signed
          by ASHISH
ASHISH TIWARI
       Date:
TIWARI 2025.02.12
       15:46:08
          +0530




                                                                                            2025:CGHC:3802


                                                                                                          NAFR

                                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                                          M.C.C. No. 30 of 2025
                              Bahadur Singh Yadav, S/o Late Shiv Ram Singh Yadav, aged about 57 Years,
                              (Now 65 Years), R/o Kohka, Supela, Bhilai, Tahsil And District - Durg, Civil And
                              Revenue District - Durg (C.G.)

                                                                                                 ------Applicant
                                                                 Versus
                              1. Mahadev Prasad Yadav, S/o Chaitu Ram Yadav, aged about 60 Years,
                                 R/o Near Durg Saw Mill, Village Kohka, Dupela, Bhilai, Tahsil And District -
                                 Durg(C.G.)

                              2. General Public of Village Kohka, Patwari Halka No. 14, Tahsil and District
                                 Durg (C.G.)

                                                                                              -----Respondent

For Applicant - Shri Shrawan Agrawal, Advocate.

                                For Respondents       -            None appeared.


                                                Hon'ble Shri Justice Sachin Singh Rajput
                                                            Order on Board
                         22/01/2025

1. This MCC has been filed for modification in paragraph Nos. 2, 4(1) and 14(1)

of the order dated 19/12/2024 passed by this Court in First Appeal No. 464 of

2017.

2. Counsel for the applicant submits that before the trial court as per his plaint

the plaintiff sought for declaration of title on account of adverse possession in

respect of property comprised in part of khasra no. 7339/5 (old no. 317/3),

rakba 0.013 hectare (1400 sq.feet) and in memo of first appeal before this

Court also mentioned the same.

3. It is submitted that the trial court in the impugned judgment dated 01.09.2017

in para no. 6 para no. 6 & 8 also described that 1400 sq. feet of disputed

property is in possession of plaintiff, but by clerical errors impugned

judgment and decree has been passed by the Trial Court for 0.024 hectare in

place of 0.013 hectare (1400 sq.feet) of disputed property.

4. It is further submitted that due to this errors have occurred in the judgment

dated 19.12.2024 in First Appeal No. 464/2017 passed by this Court and

area has been mentioned 0.024 hectare in place of 0.013 hectare (1400

sq.feet). The confusion arose because 0.024 hectare land had been

purchased in the name of plaintiff. Para 3 of judgment dated 19.12.2024

passed by this Hon'ble Court in F.A. No. 464/2017 also makes it clear that

remaining portion of said khasra number about 1400 sq. feet was sold by

Sashank Bhushan to defendant no.1 on 18/08/1986 by registered sale deed.

5. Counself or the applicant thus submits that the modification is necessary in

judgment dated 19.12.2024 in the following terms:-

i) In Para 2 - Area 0.013 hectare (1400 sq.feet) in place of 0.024 hectare.

(ii) In Para 4(1) piece of 0.024 hectare (1400 sq.feet) in place of piece of 0.024 hectare.

(iii) In para 14 (1) Area 0.013 hectare (1400 sq.feet) in place of 0.024 hectare.

6. Accordingly, M.C.C. is allowed. The disputed area mentioned in order dated

19/12/2024 to be read as per paragraph No. 5 of this order. Ordered

accordingly.

7. Decree be drawn accordingly.

            Sd/-                                                   Sd/-/-

                                                           (Sachin Singh Rajput)
                                                                 Judge
Ashish