Calcutta High Court (Appellete Side)
Smt. Shanti Devi Khandelwal & Anr vs Suman Jhunjhunwala & Ors on 14 February, 2018
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1
14.02.2018 IN THE HIGH COURT AT CALCUTTA
Sl.01 (CIVIL APPELLATE JURISDICTION)
Ct-17 APPELLATE SIDE
(AD)
S.A. No.76 of 2011
Smt. Shanti Devi Khandelwal & Anr.
vs.
Suman Jhunjhunwala & Ors.
Ms. Lopita Banerjee, Adv.
Mr. Avijit Chakraborty, Adv.
... for the Appellants.
Although on an earlier occasion, some of the
typographical errors appearing in the judgment dated
December 22, 2017 was corrected but subsequently, it
appears that there are further two typographical errors
which are required to be corrected.
In the operative portion of the last paragraph at
page-16 of the judgment dated December 22, 2017, the
Trial Court judgment and decree has mistakenly gone
down as judgment and decree dated December 28, 2008
when it is dated December 15, 2008.
Similarly, the first paragraph at page-17 of the
judgment should contain the direction against the
respondents and not against the defendant/respondent.
Accordingly, the last paragraph at page-16 of the 2 said judgment dated December 22, 2017 passed by this Court in S.A. No.76 of 2011 be corrected as follows:
"For the reasons as aforesaid, the impugned judgment and decree dated July 12, 2010 passed by the learned lower appellate Court below is set aside and the judgment and decree dated December 15, 2008 passed by the learned trial Judge is restored."
Similarly, the first paragraph of the last page, i.e., page-17 of the same judgment be corrected to the following effect:
"The respondents are directed to vacate the suit property and handover possession thereof to the appellants within January 31, 2018, failing which the plaintiffs appellants shall be entitled to execute the eviction decree."
The department is directed to carry out the above corrections in the judgment dated December 22, 2017 and issue the certified copy of the corrected judgment dated December 22, 2017 to the respective parties as expeditiously as possible.
(Ashis Kumar Chakraborty, J.) 3