MADHAV TUKARAM KULAL Vs. KISAN AYAJI BODAKHE

JUDGEMENT

(1.) This revision is filed by the original defendants/applicants against the order passed by Civil Judge (Jr.Dn.),Risod on an application under Section 152 of the Code of Civil Procedure.

(2.) The facts giving rise to this revision are as under - The non-applicants/plaintiffs had instituted civil suit No.104 of 1991 in the court of Civil Judge (Jr.Dn.), Risod for possession of field S.No.124/1 of village Wakad. The suit came to be decreed on 9/3/1994. Being aggrieved by that decree in civil suit, the defendants i.e. present applicants filed Civil Appeal No.52 of 1994. The said appeal was partly allowed and decree of the trial court was set aside with respect to mesne profits and a Second Appeal was also preferred by the defendants/applicants before the High Court. The High Court dismissed the said appeal.

(3.) The non-applicant/plaintiff thereafter filed an execution proceeding before the trial court. Subsequently, the non-applicants moved an application under Section 152 of the Code of Civil Procedure, contending that Survey No.124/1 has been wrongly mentioned in the judgment and decree and sought to correct survey number as 127/1. The trial court allowed the application under Section 152 of the Code of Civil Procedure. Being aggrieved by that, this revision has been preferred.