Supreme Court of India
KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE versus TARABAI PRABHAKARRAO NALAWADE & ORS. on 4 April 2014
[2014] 3 S.C.R. 780
A KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE (D) BY LRS. & ANR.
v.
TARABAI PRABHAKARRAO NALAWADE & ORS. (Civil Appeal No. 3867 of 2014)
B
APRIL 4, 2014
[SURINDER SINGH NIJJAR AND A.K.SIKRI, JJ.]
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JUDGMENT:
c
Amendment in judgment - Held: Para 22 of judgment dated 14.3.2014 is amended to the effect that the judgment of trial court is confirmed on Issue No. Ill also and suit of plaintiffs stands dismissed.
D
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3867 of 2014.
From the Judgment and Order dated 23.03.2009 of the High Court of Bombay at Aurngabad in FA No. 468 of 2004.
E
Chandan Ramamurthi for the Appellants.
Preshit Surshe (Mentioned By), Shivaji M. Jadhav, Naresh Kumar for the Respondents.
F The following Order of the Court was delivered
ORDER
1. On 27th March, 2014, we had directed to delete the following words in paragraph 22 of the Judgment delivered on G 14th March, 2014 in Civil Appeal No.3867 of 2014 [Arising out of Special Leave Petition (Civil) No.27916 of 2009]:
"and set aside the findings recorded by the trial court on Issue No.Ill."
H
KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE (D) BY LRS. v. TARABAI PRABHAKARRAO NALAWADE
781
2. However, inadvertently, the following line in the said A paragraph is deleted:
"The judgment of the Trial Court is confirmed on Issue No. Ill also."
8 3. Let the necessary amended be made and the amended paragraph 22 of the said judgment will read as follows:
"22. In view of the aforesaid, we allow the appeal. The judgment of the Trial Court is confirmed on Issue No. Ill also. Consequently, the suit filed by the plaintiffs (respondents herein) C shall stand dismissed."
Judgment modified.
R.P.