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C.R.P.NoS.4594 AND 4595 OF 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-09-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.Nos.4594 AND 4595 OF 2025 K.Raman (died) Aalishthavamani (died) 1.Balaji Malarvizhi (died) 2.Manjula (Cause title accepted vide court order dated 04.09.2025 made in CMP Nos.21845 and 21847 of 2025 in CRP SR Nos.127574 and 127575 of 2025) .... Petitioners in both the revisions vs Palaniappan ... Respondent in both the revisions Revisions filed under Article 227 of the Constitution of India to direct the District Munsif Court, Dharapuram to number the petition filed in IA CFR No.1891 and 1893 of 2025 in O.S.No.280 of 2002. For Petitioners: Mr.V.Elangovan COMMON ORDER Heard the learned counsel for the petitioners. 2. The revisions have been filed seeking a direction to the District 1/4 https://www.mhc.tn.gov.in/judis
C.R.P.NoS.4594 AND 4595 OF 2025 Munsif Court, Dharapuram to number the unnumbered IA CFR Nos.1891 and 1893 of 2025 seeking amendment of the schedule to the correct extent as
“233.6 sq.ft” instead of 2336 sq.ft. The said application has been returned on 02.08.2025 on the ground that the suit was disposed of way back on 05.12.2007 and the respondent also passed away. 3. Learned counsel for the petitioners would bring to my attention the fact that the petitioners have filed execution proceedings and in the execution petition, the legal representatives of the deceased respondent have also been brought on record and the execution petition has been proceeded with.. However, in view of the incorrect measurement, the petitioners are unable to effectively execute the decree in their favour. Hence the applications have been filed for amending the plaint and consequently the decree. 4. I have perused the materials available on record. 5.
The court, despite having passed the decree, is entitled to correct the such clerical and typographical errors and there is no bar and in order to do substantial justice, the Court has to ensure that the judgment and decree passed by the trial Court will have to be given full effect and when it is pointed out that there is a typographical or clerical mistake which has crept 2/4 https://www.mhc.tn.gov.in/judis
C.R.P.NoS.4594 AND 4595 OF 2025 in the plaint and consequently in the decree, the Court should have gone to the rescue of the decree holder, in order to ensure that the decree passed by it is satisfied and given effect to and the refusal of the Court to number the application is improper. 6. In view of the above, I am inclined to allow the revisions. Accordingly, both the civil revision petitions are allowed and the District Munsif Court, Dharapuram is directed to number the application in IA CFR No.1891 and 1893 of 2025 in O.S.No.280 of 2002 and after issuing notice o the respondent. the same shall be decided on merits and in accordance with law. No costs. 23.09.2025 Index: Yes Website:yes Speaking Order sr To The District Munsif Court, Dharapuram 3/4 https://www.mhc.tn.gov.in/judis
C.R.P.NoS.4594 AND 4595 OF 2025 P.B.BALAJI.,J sr C.R.P.Nos.4594 and 4595 of 2025 23.09.2025 4/4 https://www.mhc.tn.gov.in/judis