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2026 DAILYLAW 44546 (MAD)

MRS PREMA v. INDIAN OIL CORPORATION LTD., and another

A/1338/2026 · 2026-07-06

A D Maria Clete

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A.No.1338 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 1338 of 2026 in C.S. No. 184 of 2004 Mrs Prema Flat No.1-B, Tenerife Terraces, 173, New No.245, Poonamallee High Road, Kilpauk, Chennai 600 010. ..Applicant(s) Vs 1. INDIAN OIL CORPORATION LTD., Rep.by its Chief Divisional Manager, No.500, Anna Salai, Teynampet, Chennai 600 018. 2. Alfa Gasoline 174, Poonamallee High Road, Kilpauk, Chennai 600 010. ..Respondent(s) PRAYER: To amend the Decree made in the above suit by including the Schedule of Property as given in the Plaint and morefully described in the Schedule to the Judges Summons. For Applicant(s): M/S.C.Ramesh For Respondent(s): Mr.V.Ananthanatarajan for R1. Mr.A.Jayachander for R2. 1/4 https://www.mhc.tn.gov.in/judis A.No.1338 of 2026 ORDER This application is filed under Section 152 CPC seeking correction of the decree dated 25.10.2024 by incorporating the plaint schedule of property, which, according to the applicant, was inadvertently omitted while drawing up the decree. The suit was one for recovery of possession of the scheduled property and consequential reliefs, and was decreed on 25.10.2024. The applicant submits that although the judgment granted possession of the suit property, the property schedule was omitted from the decree due to an accidental error. A request made before the Registry for correction was not acted upon. Though the respondents have entered appearance, no counter has been filed. 2.A perusal of the judgment leaves no manner of doubt that the relief granted pertains to the property described in the plaint schedule. The omission of the schedule from the formal decree is plainly an accidental omission in its preparation and does not alter or enlarge the rights declared under the judgment. The correction sought merely brings the decree into conformity with the judgment and squarely falls within the scope of Section 152 CPC. Accordingly, the application is allowed. 2/4 https://www.mhc.tn.gov.in/judis A.No.1338 of 2026 The Registry is directed to issue a corrected decree incorporating the plaint schedule of property as part of the decree. 06-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY Note: Registry is directed to issue order copy on 07.07.2026. 3/4 https://www.mhc.tn.gov.in/judis A.No.1338 of 2026 DR.A.D.MARIA CLETE, J. AY A No. 1338 of 2026 in C.S. No. 184 of 2004 06-07-2026 4/4 https://www.mhc.tn.gov.in/judis