Disposed¶27

Maheswar Nayak v. Umakanta Nayak

Orissa HC6 Apr 2026CMP/258/2026

Case brief

AI extract

What is this about?

Keywords: Section 152 C.P.C.; correction of arithmetical/clerical errors; executing court cannot go beyond the decree; partition map prepared by Civil Court Commissioner; map part of decree; Final Decree; Title Suit No.90 of 1994-I; Execution Case No.62 of 2023-I; 1st Additional Civil Judge (Senior Division), Balasore; Decree Holder application rejected; no objection raised; High Court of Orissa at Cuttack; CMP disposed of 06.04.2026; Maheswar Nayak v. Sri Umakanta Nayak and others; remedial steps before appropriate forum.

What did the court decide?

On careful consideration of the order dated 17.01.2026 passed in Execution Case No.62 of 2023, this Court found that no error was committed by the learned executing court. ¶22

Maheswar Nayak Vs Umakanta Nayak — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

¶27

Issue for consideration

Whether the learned executing court committed an error in rejecting the Plaintiff-Decree Holder's application under Section 152 C.P.C. for correction of arithmetical/clerical errors in the Commissioner-prepared partition map forming part of the decree, the executing court having reasoned that it cannot go beyond the decree to correct such errors in the judgment and decree of the trial court.

¶21

Court's answer

On careful consideration of the order dated 17.01.2026 passed in Execution Case No.62 of 2023, this Court found that no error was committed by the learned executing court.

¶22

Ratio / Principle

This Court is not inclined to interfere with the order dated 17.01.2026 passed by the learned 1st Additional Senior Civil Judge, Balsore in Execution Case No.62 of 2023.

¶25

Key takeaways

It remains open to the Petitioner to take necessary remedial steps and approach the appropriate forum in the event errors are found to have inadvertently crept into the judgment and decree of the learned trial court.obiter¶26

Detailed headnote1 paragraphs

CMP No.258 of 2026, High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.), order dated 06.04.2026 — Maheswar Nayak, Plaintiff-Decree Holder in Title Suit No.90 of 1994-I (Final Decree), corresponding to Execution Case No.62 of 2023-I before the 1st Additional Civil Judge (Senior Division), Balasore, assailed the executing court's order dated 17.01.2026 rejecting his application under Section 152 of the C.P.C. for correction of the area shown in the partition map prepared by the Civil Court Commissioner, which had become part of the decree. Although no objection had been raised to the application, the executing court refused relief on the ground that the executing court cannot go beyond the decree to correct arithmetical/clerical errors which have crept into the judgment and decree of the trial court. This Court found no error in that position, was not inclined to interfere with the order dated 17.01.2026, and disposed of the CMP, leaving it open to the Petitioner to take remedial steps before the appropriate forum if errors had in fact crept into the judgment and decree.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CMP No.258 of 2026

Maheswar Nayak

.....

Petitioner

Represented by Adv. – Md. Golam Madani

¶7

-versus-

¶8

Sri Umakanta Nayak and others

¶9

..... Opposite Parties

¶10

Represented by Adv. – Smt. Sasmita Nayak, ASC

¶11

CORAM:

¶12

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER

¶13

06.04.2026

¶14

Order No.

¶15

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶16

Heard the learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.

¶17

By filing the present CMP application, the Plaintiff in Title Suit No.90 of 1994-I (Final Decree), corresponding to Execution Case No.62 of 2023-I pending in the court of 1^st Additional Civil Judge (Senior Division), Balasore, has approached this Court assailing the order dated 17.01.2026 at Annexure-1 whereby the learned executing court has rejected the Plaintiff-Decree Holder’s application for correction of the area shown in the partition map prepared by the Commissioner in exercise of the power vested in

¶18

Page 1 of 3 .

¶19

court under Section 152 of the C.P.C.

¶20

Learned counsel for the Petitioner, at the outset, contended that on the basis of the Civil Court Commissioner’s report a decree was drawn and on that basis the map prepared by the Commissioner became a part of the decree. However, during the pending of the execution proceeding, it was detected by the Plaintiff-Decree Holder that there are certain arithmetical/clerical mistakes while preparing such map. Accordingly, the Decree Holder filed an application for correction of such errors, which was taken up by the learned executing court for hearing.

¶21

On perusal of order dated 17.01.2026 at Annexure-1, it appears that no objection was raised against such application. However, the learned trial court rejected the prayer of the Petitioner on the ground that the executing court cannot go beyond the decree to correct the arithmetical/clerical errors which have crept into the judgment and decree of the trial court.

¶22

On a careful consideration of the order dated 17.01.2026 passed in Execution Case No.62 of 2023 by the learned 1^st Additional Senior Civil Judge, Balsore, this Court found no error has been committed by the learned executing court.

¶23

Accordingly, this Court is not inclined to interfere

¶24

Page 2 of 3 .

¶25

with the order dated 17.01.2026 passed by the learned 1^st Additional Senior Civil Judge, Balsore in Execution Case No.62 of 2023.

¶26

However, it is open to the Petitioner to take necessary remedial steps and approach the appropriate forum in the event it is found that in fact certain errors have inadvertently crept into the judgment and decree of the learned trial court.

¶27