DINABANDHU MOHANTY Vs. RAMAMANI PATTNAIK

JUDGEMENT

(1.) THE Petitioner filed a petition under Section 151 read with Section 152 of the Civil Procedure Code for correction of the Judgment and decree which was registered as C.M.A. No. 8/9 of 2003. The Learned Ad hoc Addl. District Judge, Fast Track Court, Keonjhar dismissed the said application on 11.4.2006 which is impugned in this revision. The limited prayer of the Petitioner in this civil revision is that a direction may be issued to the lower Appellate Court to correct the ordering portion of the Judgment and decree passed by it as there was a mistake in the ordering portion of the Judgment.

(2.) THE facts of the case in a nutshell are as under; Opposite party No. 1 as Plaintiff filed the suit for partition and the said suit was decreed by the Learned Trial Court against the defendants 1 and 2 with a direction that the Plaintiff is entitled to 1/4th share in the suit land under Khata No. 163. Being aggrieved by the said decree, Defendant No. 1 filed the appeal before the lower Appellate Court.

(3.) FROM the facts stated above, it is crystal clear that the lower Appellate Court has given the findings in the appeal which is the final Court of facts and the same is binding on the parties. But it appears that in the ordering portion, the Learned Appellate Court has held that the appeal was allowed in part with modification to the extent that Khata No. 463 is liable to be partitioned and 1/4th share to be allowed to the Plaintiff and Defendant Nos. 2 to 4 each. Half interest will be divided equally between Rama Chandra Mohanty the husband of Kamali and his son Defendant No. 5 -Dinabandhu. Thus, each is entitled to 1/4th share.