Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Practice & Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Practice & Procedure – Appellant No.1-Trust acquired 9797sq. meters of land for providing housing to weaker sections of thesociety – Said area of 9797 sq. meters included the Plot bearingCTS No.97/A-5/2 – Trust constructed building A-1 on sub-plot carvedout of the said plot – Purchasers-Respondents took possession ofthe respective flats – Respondents fi led suit inter alia fordirecting the Trust and others to execute the Conveyance of PlotNo. A/1 claiming that they were entitled to the Plot area of around1205 sq. yards (1009.70 sq.meters) – Trial Court decreed the Suit –First Appeal before the High Court, dismissed vide order dated04.12.2014 – Thereafter, the High Court on oral application of theRespondents by way of “Note for speaking to the Minutes” clarifiedthat the words “2700 sq. feet” appearing in the judgmentdtd. 04.12.2014 should be read as “2700 sq. meters” and directedthe execution of the deed of Conveyance of the land to the extent ofbuilding i.e. 2700 sq. meters – On appeal, held: A “Note for speakingto Minutes” is required to be entertained only for the limited purposeof correcting a typographical error or an error through oversight,which may have crept in while transcribing the original order – Itcannot be considered at par with review application or with anapplication for clarification/modification of order – While passingthe order below the “Note for speaking to the Minutes”, the HighCourt travelled beyond its jurisdiction in regard to the scope ofdeciding a “Note for speaking to the Minutes” and virtually modifiedits original order passed in First Appeal – Order passed below the“Note for speaking to the Minutes” set aside – Even otherwise,it is not appreciable how the High Court arrived at the figure of2700 sq. meters – Order passed by the Divisional Registrar, CooperativeSocieties, in proceedings initiated by the Society of flatpurchasers, granting deemed conveyance of area admeasuring2593.70 sq.meters is modified to the extent of area admeasuring1009.70 sq.meters only |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2018 INSC 1215 |
Petitioner | Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors. |
Respondent | Brijlal Tibrewal & Ors. |
SCR | [2018] 14 S.C.R. 870 |
Judgement Date | 2018-12-14 |
Case Number | 12088-12089 |
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