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 ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.02.12 15:46:08 +0530 -2- 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