Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Misc. no. 564/2024
Sat Prakash (since deceased)
VS.
Ajay Raj Singh (since deceased)
27.09.2024
Present : Ms. Rajani Chauhan, Ld. Counsel for the applicants /
respondents.
Heard.
An application has been moved on behalf of the Lrs of the
applicants / respondents under section 152 CPC submitting that due to some
typographical error, the word
“appellant” has been wrongly mentioned
instead of the word
“respondents” in the para no. 15.11 of the impugned
judgment dated 07.09.2024, hence, prayer is made to correct / modify the
word “respondent” in place of “appellant” in the relevant para of the
impugned judgment.
Heard. Perused.
On perusal of the impugned judgment dated 07.09.2024, the
above said submission is found to be correct. Hence, considering the
submissions and the fact & circumstances, the application stands allowed
being typographical error apparent on the face of the record. The relevant
paragraph 15.11 of judgment dated 07.09.2024 is modified to the extent that
the word “appellant” be replaced with “respondents” in the complete para of
15.11. The relevant para is modified / corrected as under:-
15.11 Hence, relying upon the above observations, considering the
location of the suit property, its measurement and the relevant period, I
hereby modify the impugned judgments with respect to the mesne profits /
damages as under:-
Misc. No. 564/2024
page no. 1/2
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Mesne profits / damages are granted to the respondents as
under:-
(i) In suit no. 95197/16, the respondents are granted the Mesne
profits / damages @ Rs. 50 p.m. from 03.11.1986 to 21.06.1987 and Rs.
500/- p.m. from 22.01.1998 alongwith 10% increased rate of interest after
every three years till handing over the physical vacant possession of the suit
property;
(ii) In suit no. 2097/18, the respondents are granted the Mesne
profits / damages @ Rs. 100 p.m. from 21.12.1989 to 22.12.1992;
(iii) In suit no. 2096/18, the respondents are granted the Mesne
profits / damages @ Rs. 200 p.m. from 23.12.1992 to 21.12.1995;
(iv) In suit no. 2095/18, the respondents are granted the Mesne
profits / damages @ Rs. 350 p.m. from 22.12.1995 to 21.01.1998.
This order be read as part and parcel of the impugned judgment
dated 07.09.2024.
Decree sheet be prepared accordingly.
Misc. application file be consigned to record room after due
compliance.
(VANDANA)
DJ-08 : CENTRAL DISTRICT
TIS HAZARI COURTS : DELHI
27.09.2024
Misc. No. 564/2024
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