Mir Tahuru vs Mir Kutobuddin And Others
2023 Latest Caselaw 167 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No. 1170 of 2022

                 Mir Tahuru                            ....      Petitioner
                                          Mr. Samaya Kumar Ray, Advocate

                                          -versus-
                 Mir Kutobuddin and others               ....    Opp. Parties

                           CORAM:
                          JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             04.01.2023
 1.         1.      This matter is taken up through Hybrid mode.

2. Petitioner in this CMP seeks to assail the order dated 25th June, 2022 (Annexure-3) passed by learned Civil Judge (Senior Division), Jajpur in CMA No.19 of 2022 [arising out of CS No.332 of 2011 (FD)], whereby an application filed by the Petitioner under Section 152 CPC has been rejected.

3. It is submitted by Mr. Ray, learned counsel for the Petitioner that although Mir Sabaj Ali has only three pahi share in the suit property he has been allotted with one anna three pahi. Further, name of the father of Defendant No.12 has been wrongly mentioned in the judgment. There are also some other defects in the preliminary decree. Those are inadvertent mistakes and accidental slip in the preliminary decree passed in CS No.332 of 2011. Hence, Petitioner filed an application under Section 152 CPC (IA No.19 of 2022) to correct such inadvertent mistakes and clerical errors. Learned trial Court holding that the reliefs sought for does not come within the purview of Section 152 CPC, rejected the same.

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4. Upon hearing learned counsel for the Petitioner and on perusal of record, it appears that Petitioner has essentially assailed the correctness of the allotment of share in the preliminary decree and the same does not come within the purview of Section 152 CPC. Thus, learned trial Court has not committed any error in dismissing the said application in the impugned order under Annexure-3.

5. Accordingly, the CMP being devoid of any merit stands dismissed.

(K.R. Mohapatra) Judge

s.s.satapathy