Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:30425-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 618 of 2025 1 - Rajat Prafull Pashine S/o Prafulla Pashine Aged About 41 Years R/o C-1102, Marvel Fria Society, Near Kamal Bagh Society, Wagholi, Pune, Police Station - Lonikand, District - Pune (Maharashtra), Pin 412207, However Currenctly Residing At 38/a, Anand Nagar, Durg, Tahsil And District - Durg (C.G.), (Appellant In F.A.
(M.A.T.) No. 220/2022)
... Applicant Versus 1 - Smt. Shubha Rai @ Shubha Rajat Pashine W/o Rajat Pashine Aged About 37 Years D/o Shri Kamlesh Kumar Rai, Presently Residing At D-44-45, Akanksha Kunj, Risali, Bhilai, District - Durg (C.G.), (Non-Applicant)
... Non-Applicant For Applicant : Mr. Pushp Kumar Gupta, Advocate For Non-applicant : Mr. Aman Tamboli, Advocate D.B.: Hon'ble Shri Parth Prateem Sahu, Judge Hon’ble Shri Naresh Kumar Chandravanshi, Judge
ORDER ON BOARD 04/07/2025
1. This MCC is filed seeking recall of the order dated 08.05.2025 wherein, the MCC No. 261/2025 was disposed of reserving liberty with the petitioner to file an appropriate application for the relief as prayed for.
2. The earlier MCC bearing No. 261/2025, which was filed and disposed of by the impugned order was under the heading of application for modification of the interim visitation/custody order dated 01.03.2023. SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 This Court, while disposing of the MCC No. 261/2025 vide the impugned order has extracted the reliefs sought in the said MCC. The applicant has prayed for new relief(s) in that MCC under the garb of modification of the order.
3. Modification of the order can be passed only when there is some typographical or clerical error, if found in the order. No such error in the
order dated 01.03.2023 passed in FA (MAT) No. 220/2022 was pointed out by the counsel for the applicant who appeared in the MCC No. 261/2025 and this Court had expressed the view that no relief as prayed for can be granted in the MCC and it is liable to be dismissed. However, the Court asked whether any application for similar reliefs is filed before the Court of competent jurisdiction, after passing of the
order dated 01.03.2023 in FA (MAT) No. 220/2022. Learned counsel fairly submitted that no such application has been filed and submitted that, if permission is granted, he will avail that remedy and file an application.
4. Considering that prayer of counsel for applicant therein and merits of the MCC No. 261/2025, it was disposed of reserving liberty with the applicant to file an application.
5. For the foregoing discussion, we do not find any good ground to recall the order dated 08.05.2025 as sought for in this MCC. The MCC being bereft of merits, is liable to be and is accordingly, dismissed.
6. Certified copy as per rules. Sd/- Sd/-d/--/-/--------/--/- (Parth Prateem Sahu) (Naresh Kumar Chandravanshi)
Judge Judge Dey