The High Court held that the lower court erred in dismissing an application for correction of clerical error in block number of sale certificate. The petition is allowed and order for correction is directed.
The execution court shall correct block number from 53 to 55 in sale certificate dated 15.03.2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940
OP(C).No. 93 of 2019
AGAINST EP No. 7/2009 of III ADDL.DISTRICT COURT, KOLLAM
PETITIONER:
M/S.MUTHOOT LEASING AND FINANCE LTD., MUTHOOT CHAMBERS, KURIAN TOWER, BANERJEE ROAD, ERNAKULAM NOW KNOWN AS M/S.MUTHOOT VEHICLE AND ASSET FINANCE LTD., MUTHOOT CHAMBERS, II FLOOR, OPP. SARITHA THEATRE, BANERJI ROAD, ERNAKULAM-18, REPRESENTED BY POWER OF ATTORNEY HOLDER AND MANAGER, MADHU E, S/O.LATE KELAPPAN, AGED 42 YEARS.
BY ADV. SRI.SHIJU VARGHESE
RESPONDENT:
MANIMON, AGED 46 YEARS S/O.SWARNAMMA, ROADARIKATHU VEEDU, MADATHARA, CHITHARA VILLAGE, KOLLAM DISTRICT, PIN-691559.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
It is the duty of the courts to see that its
records are proper and correct.
immovable property belonging to the judgment debtor was sold. Ext P1 sale certificate dated 15.03.2012 was issued by the court. Subsequently the petitioner filed an application as E.A No.72 of 2018 seeking correction of the re-survey block number in the description of the property in the sale certificate. In the sale certificate the block number is shown as “53”. The petitioner sought for correction of the same as “55”. As per the impugned order the court below dismissed the application.
the property that was sold in the execution
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proceedings. Therein the property is described as situated in block No.“55”. It is taking into consideration the said valuation certificate, the property was brought to sale. In the sale certificate issued, obviously on copying the description of property from the schedule as given by the decree holder, the block number was shown as “53”. However, evidently the same is a mistake. It is accordingly that the present application is filed under Section 152 of the Code of Civil Procedure for correction of the sale certificate.
boundaries or extent or any other description of the property. There is no change in the identity of the property. the mentioning of the block number of the property as “53” is evidently a mistake. The court is not denuded of its power to correct the records and incorporate the correct block number. This power is
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vested with the court under Section 152 of the Code of
Civil Procedure.
aside. E.A No.72 of 2018 will stand allowed. The
execution court shall correct the block number of the property covered in the sale certificate dated 15.03.2012 as Block No. “55” in the place of Block No.“53”.
The original petition is allowed as above.
Sd/- Sathish Ninan, Judge
vdv
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF AUCTION CERTIFICATE IN E.P.NO.7/2009 DATED 15.3.2012.
EXHIBIT P2 TRUE COPY OF THE LAND VALUE CERTIFICATE ISSUED FROM THE VILLAGE OFFICE, CHITHARA BEARING NO.6341/2010 DATED 20.11.2010.
EXHIBIT P3 TRUE COPY OF E.A.NO.72/2018 IN E.A.NO.288/2011 IN E.P.NO.7/2009 DATED 10.10.2018.
EXHIBIT P4 TRUE COPY OF THE ORDER IN E.A.NO.72/2018 IN E.A.NO.288/2011 IN E.P.NO.7/2009, DATED 2.11.2018.
2 issues framed by the court
Whether the court has power to correct a clerical mistake in the block number description in an execution sale certificate.
Establishment that the reference of block No. 53 is a mistake and the correct block number is 55.
1 provisions across 1 enactments
M/s. Muthoot Vessel and Asset Finance Ltd.
Manimon
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
