Madhya Pradesh High Court
Shivram vs Chandrakala Bai D/O Arjun on 11 May, 2024
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE LOK ADALAT
HON'BLE SHRI JUSTICE GAJENDRA SINGH
&
SHRI YASHPAL RATHORE
ON THE 11 th OF MAY, 2024
MISC. PETITION No. 7580 of 2023
BETWEEN:-
SHIVRAM S/O ARJUN, AGED ABOUT 67 YEARS,
OCCUPATION: AGRICULTURIST SEMALDA DEB, TEHSIL
THIKRI DIST. BARWANI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NILESH SHARMA - ADVOCATE FOR THE PETITIONER)
AND
1. CHANDRAKALA BAI D/O ARJUN W/O VISHNU,
AGED ABOUT 56 YEARS, OCCUPATION: HOUSE
WIFE ANJAD, DIST. BARWANI (MADHYA
PRADESH)
2. RATAN BAI D/O ARJUN, AGED ABOUT 73 YEARS,
OCCUPATION: HOUSEWIFE PIPLIYA DEB. TEH.
ANJAD DIST. BARWANI (MADHYA PRADESH)
3. JANKI BAI D/O ARJUN, AGED ABOUT 69 YEARS,
OCCUPATION: HOUSEWIFE SEMALDA, DEB, TE.
THIKRI DIST. BARWANI (MADHYA PRADESH)
4. NANURAM S/O ARJUN, AGED ABOUT 66 YEARS,
OCCUPATION: AGRICULTURIST SEMALDA DEB,
TEHSIL THIKRI DIST. BARWANI (MADHYA
PRADESH)
5. ANNAPURNA D/O ARJUN, AGED ABOUT 46 YEARS,
OCCUPATION: HOUSEWIFE PIPLIYA DEB. TEH.
ANJAD, DIST. BARWANI (MADHYA PRADESH)
6. NATHI BAI W/O RAMESH, AGED ABOUT 41 YEARS,
OCCUPATION: HOUSE WIFE SALIKHEDA, TEH.
BARWAH, PRESENT ADD. GRAM UCHAVED TEH.
ANJAD, DIST. BARWANI (MADHYA PRADESH)
Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 21-05-2024
12:37:20
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7. KULDEEP S/O RAMESH, AGED ABOUT 20 YEARS,
OCCUPATION: AGRICULTURIST SALIKHEDA TEH.
BARWAH, PRESENT ADD. GRAM UCHAVED, TEH.
ANJAD DIST. BARWANI (MADHYA PRADESH)
8. BHAGIRATH S/O BALUJI CHANDORE, AGED
ABOUT 36 YEARS, OCCUPATION: AGRICULTURIST
HATOLA, TEH. THIKRI DIST. BARWANI (MADHYA
PRADESH)
9. MANU BAI W/O GAJANAND, AGED ABOUT 31
YEAR S, OCCUPATION: HOUSE WIFE SEMALDA
DEB, TEHSIL THIKRI DIST. BARWANI (MADHYA
PRADESH)
10. KRISHNAKANT S/O GAJANAND, AGED ABOUT 49
Y E A R S , OCCUPATION: AGRICULTURIST
SEMALDA DEB. TEH. THIKRI DIST. BARWANI
(MADHYA PRADESH)
11. KAMAL S/O SUKHLAL, AGED ABOUT 35 YEARS,
OCCUPATION: AGRICULTURIST SEMALDA DEB.
TEH. THIKRI DIST. BARWANI (MADHYA
PRADESH)
12. TOTARAM S/O GANESH, AGED ABOUT 36 YEARS,
OCCUPATION: AGRICULTURIST SEMALDA DEB.
TEH. THIKRI DIST. BARWANI (MADHYA
PRADESH)
13. RAJENDRA S/O MONIGIR GOSWAMI, AGED
ABOUT 38 YEARS, OCCUPATION: AGRICULTURIST
SEMALDA DEB. TEH. THIKRI DIST. BARWANI
(MADHYA PRADESH)
14. KAMAL S/O SHRAVAN, AGED ABOUT 35 YEARS,
OCCUPATION: AGRICULTURIST SEMALDA DEB.
TEH. THIKRI DIST. BARWANI (MADHYA
PRADESH)
15. BHAGU BAI W/O NARENDRA, AGED ABOUT 43
YE A R S , OCCUPATION: HOUSEWIFE SEMALDA
DEB. TEH. THIKRI DIST. BARWANI (MADHYA
PRADESH)
16. STATE OF M.P. THROUGH COLLECTOR BARWANI
DIST. BARWANI (MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 21-05-2024
12:37:20
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(BY SHRI PRADYUMNA KIBE - ADVOCATE FOR THE RESPONDENT NO.1)
This petition coming on for conciliation this day, the Bench passed the
following:
ORDER
This Miscellaneous Petition has been filed under Article 227 of the
Constitution of India against the order dated 27.10.2023 (Annexure-P-9) passed
in MJC No. 44/2023, whereby the learned trial Court rejected the application
filed under Section 152 read with Section 151 of the Code of Civil Procedure
filed by the petitioner/defendant for amendment in final judgment dated
30.06.2023 to amend the order/judgment and decree passed in Civil Suit No.
RCS/A/19/2022 as sought in the application dated 10.07.2023 under Section
152 read with Section 151 of the CPC because by clerical mistake in judgment
dated 30.06.2023 has mentioned 1 acre 10 decimal which was not the part of
compromise application and compromise statements of both the parties
recorded before the trial Court.
Thus in view of the aforesaid, the judgment and decree dated 30.06.2023
passed in Regular Civil Suit No.A/19/2022 by First Civil Judge, Sr. Division
Badwani is modified by substituting the word, "1 acre and 1 decimal" in place
of "1 acre and 10 decimal" the third line of Relief No.1.
With the aforesaid, the petition stands disposed off.
No order as to costs.
(GAJENDRA SINGH) (YASHPAL RATHORE)
MEMBER MEMBER
rashmi
