HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
Civil Revision Petition No.113 of 2021
ORDER:
This Civil Revision Petition is filed against the order, dated
29.02.2020, passed in I.A. No.213 of 2020 in O.S No.487 of 1995 by
the VIII Additional Senior Civil Judge, Ranga Reddy District at L.B.
Nagar, wherein and whereby the Court below ordered notice in the
application filed by the petitioners under Section 152 CPC for
rectification of the decree in O.S No.487 of 1995, dated 29.10.2010.
2. Heard learned counsel for the petitioner.
3. Learned counsel for the petitioner submits that with regard to
ordering notice dated 29.02.2020 to respondents No.1 to 3, who are
plaintiffs in the suit, the petitioner has no objection since relief is
granted to them in the suit and with regard to ordering notice to other
respondents by way of the impugned order is objectionable to the
petitioner because no relief is granted to them in the suit. He further
submits that now the relief sought in the application is rectifying the
decree in terms of the judgment. He also submits that the judgment
and decree have become final, as such the other respondents have no
say in the matter for rectification of the decree in terms of judgment
and that the petitioner has specifically raised the same before the
Court below, but the Court below brushing aside the same, issued
notice to respondents who are not necessary parties to the petition. 2
4. A reading of the judgment goes to show that in paragraph-27
the relief is granted to petitioner herein, who is defendant No.21, but
the operative portion of the judgment is silent about the same. Be that
as it may, since the rectification application is pending, it is for the
Court below to consider the same. Since it is asserted that the
respondents other than respondent Nos.1 to 3 are not necessary
parties, there is no finding of the Court below and the notice is ordered
to other respondents though the issue is said to have been raised
before the trial Court.
5. In view of the same, it is open for the petitioners to make a
necessary application bringing the above said facts to the notice of the
trail Court and the trial Court is directed to consider the same and pass
orders and thereafter, dispose of the application for rectification of the
decree. This Court has not expressed any opinion on the merits of the
case.
6. The Civil Revision Petition is disposed of with the above
directions. No order as to costs. Miscellaneous applications, if any
pending, shall stand closed.
__________________________ A. RAJASHEKER REDDY, J January 29, 2021
KTL
