Supreme Court of India

KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE (D) BY LRS. & ANRversusTARABAI PRABHAKARRAO NALAWADE & ORS.

Citation: 2014 INSC 944
Decided: 27 March 2014
Bench: S S NIJJARA K SIKRI

Holding

The sentence confirming the trial court's judgment on Issue No. III is deleted from the judgment.

Summary

In Civil Appeal No. 3867 of 2014, the Supreme Court noted an error in its earlier judgment dated 14 March 2014 where a sentence confirmed the trial court's decision on Issue No. III. The Court held that this sentence was erroneous and should be removed. No substantive legal reasoning was provided beyond the observation of the mistake. Consequently, the specific sentence was deleted from the judgment. The modification does not affect any other part of the decision.

Issues considered

Whether the sentence confirming the trial court's judgment on Issue No. III in the earlier judgment should be deleted

Subjects

judgment modificationcivil appealcorrection of errorSupreme Court of India

Judgment

                      [2014] 3 S.C.R. 779


 KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE                        A
              (D) BY LRS. & ANR.
                               v.
       TARABAI PRABHAKARRAO NALAWADE & ORS.
              (Civil Appeal No. 3867 of 2014)
                                                                 B
                       MARCH 27, 2014

    [SURINDER SINGH NIJJAR AND A.K. SIKRI JJ.]

       JUDGEMENT:
                                                                 c
     Modification in judgment -- Held: In the judgment dated
14-03-2014, the sentence, "The judgment of the Trial Court
is confirmed on issue No. /II a/so" is deleted.

    CIVIL APPELLATE JURISDICTION : Civil Appeal No.              D
3867 of 2014.

    From the Judgment and Order dated 23.03.2009 of the
High Court of Bombay at Aurangabad in FA No. 468 of 2004.

       Chandan Ramamurthi for the Appellants.
                                                                 E
   Preshit Surshe (Mentioned By), Shivaji M. Jadhav, Naresh
Kumar for the Respondents.

       The following Order of the Court was delivered
                                                                 F
                               ORDER

     It has been brought to our notice that in paragraph 22 of
the Judgment delivered on 14th March, 2014 in Civil Appeal
No.3867 of 2014 [Arising out of Special Leave Petition (Civil)
No.27916 of 2009), the sentence "The judgment of the Trial       G
Court is confirmed on Issue No.Ill also." needs to be deleted.
We order accordingly.

R.P.                                        Judgment Modified.
                              779                                H

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