T.Kurian Thomas vs Usha Ramesh on 24 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10826 of 2009(O)


1. T.KURIAN THOMAS, THEKKETHALACKAL HOUSE,
                      ...  Petitioner

                        Vs



1. USHA RAMESH, VETTAKUZHIYIL HOUSE,
                       ...       Respondent

                For Petitioner  :SRI.M.NARENDRA KUMAR

                For Respondent  :SRI.M.P.MADHAVANKUTTY

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :24/09/2010

 O R D E R
                       HARUN-UL-RASHID, J.
                        ------------------------
                     W.P.(C).No.10826 Of 2009
                         ----------------------
             Dated this the 24th day of September, 2010.

                           J U D G M E N T

Petitioner is the plaintiff in O.S.No.54 of 2007 on the file of

the Additional Munsiff Court, Kottayam. Ext.P2 is the judgment

in O.S.No.54 of 2007. The Munsiff Court passed a decree

allowing the plaintiff to realise the amount stated with interest.

Plaintiff filed Ext.P3 application under Section 152 Code of Civil

Procedure for correcting the decree and judgment by

incorporating the following details:

“1. The suit is for realisation of money and for

mandatory injunction stopping the use of the plaint

schedule building by the defendant.

2. The relief C in the plaint to be allowed by

incorporating the direction to the defendant to stop

the use of the building by an order of mandatory

injunction within a time to be fixed by the Court and

in case of failure of the defendant obey that direction

to allow the plaintiff to execute the order.

3. To allow the plaintiff to realise 18%

interest on the arrears from the date of suit till the

date of decree and allowing the cost of the suit.”

W.P.(C).No.10826 Of 2009

::2::

2. The court is empowered to correct the decree and

judgment in case there is any clerical or arithmetical mistake.

The Additional Munsiff, Kottayam by Ext.P4 order dismissed the

petition stating that the prayer sought did not come within the

purview of Section 152 Code of Civil Procedure. Ext.P4 order

passed by the court below is under challenge in this writ petition

filed under Article 227 of the Constitution of India. in the facts

and circumstances of the case this Court fully agree with the

reasons stated by the learned Munsiff.

3. This Court is of the view that the petitioner has not

made out any valid grounds for interference by this Court in

exercise of the supervisory jurisdiction vested with this Court

under Article 227 of the Constitution of India.

The writ petition fails and accordingly, dismissed.

HARUN-UL-RASHID,
Judge.

bkn/-