SHANTHAMMA Vs. KRISHNAPPA

JUDGEMENT

(1.) This Civil Revision Petition under Sec. 115 of the Civil Procedure Code is filed challenging the order dtd. 5/9/2018 passed in Original Suit No.30 of 2011 on the file Senior Civil Jude and JMFC., Harapanahalli (for short hereinafter referred to as 'Trial Court'), wherein the application filed by the defendant No.2 under Sec. 152 read with Sec. 151 of the Civil Procedure Code came to be allowed.

(2.) Sri. S.B. Halli, learned counsel appearing for petitioners submits that the application filed by the defendant No.2/respondent No.1 herein under Sec. 152 of the Civil Procedure Code to amend the decree 'B' schedule boundary, is not maintainable, hence, in the absence of any source of power to amend the decree, the impugned order passed by the Trial Court is without jurisdiction. Hence, he submits that in absence of Arithmetical or Typographical error, the impugned order passed by the Trial Court is without jurisdiction.

(3.) Per contra Sri. R. Shashidhar, learned counsel appearing for the respondent No.1/defendant No.2 submits that there was a Typographical error in wrongly describing the boundary towards South, and the Trial Court taking into consideration the said Typographical error, has rightly passed the impugned order, and same does not warrant any interference in the present writ petition.