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HIGH COURT OF DELHI
Date of Decision: 27th May, 2024
MRS. MAYA DAS & ANR. ..... Plaintiffs
Through: Learned counsel (appearance not given).
Through: None.
JUDGMENT
Modify/Correct the Mistakes in Judgment Dated 25.04.2024)
1. An application has been filed on behalf of the plaintiffs to modify the mistakes in the judgment dated 25.04.2024.
2. It is submitted that in paragraph 5 of the Judgment dated 25.04.2024 it is mentioned that the defendant was proceeded ex-parte vide Order dated 02.03.2021. In fact, it were the legal heirs of defendant who had been proceeded ex-parte on the said date.
3. In view of the submissions made and from perusal of record, the necessary rectification be made that it is the legal heirs of the defendant who were proceeded ex-parte on 02.03.2021.
4. It is further submitted that in paragraph No.7(b) and 7(c) it has been wrongly mentioned that the First Floor (to be constructed) and Second Floor (to be constructed), when in fact since the execution of the Will, the property has been constructed and comprises of Ground Floor, First Floor and Second Floor, as is also reflected in the Report of the Local Commissioner dated 05.09.2023, wherein it is also indicated that the respective parties are in possession of their portions as per the terms of the registered Will dated 30.06.2006.
5. The requisite corrections be made in paragraph 7(b) and 7(c) to indicate that the property already stands constructed and is in the possession of the parties as under: PARTIES PORTIONS Ms. Mamata Das Plaintiff No.2 Ground Floor Legal heirs of the Defendant Late Shri Subrata Das First Floor Mrs. Maya Das Plaintiff No.1 Second Floor and above.
6. It is further submitted that the plaintiffs had also made a request that the Prayer No.ii of the Amended Plaint be read as “Pass a decree of partition as per the registered Will dated 30.06.2006 of Late Smt. Usha Das on the basis of which Decree the Plaintiffs can get their respective portions mutated in their respective names in the records of /SDMC, DDA, BSES and DJB & Plaintiff No[1] can get building plan sanctioned from SDMC to construct second floor and third floor and Plaintiffs can get their respective floors leasehold rights converted to freehold in DDA as per the rules & regulations of SDMC and DDA.”
7. It is submitted that though vide judgment dated 25.04.2024 the Final Decree has been made, but no orders have been made in respect of getting the Building plan sanctioned from SDMC to construct the Second Floor and Third Floor or to get them converted into freehold property from DDA or to get their respective portions mutated.
8. This submission is absolutely not tenable because it is evident from the Prayer itself that the property was sought to be partitioned so that the parties may be able to get it mutated and plan sanctioned for construction of Second and Third Floor. The Court can only direct the partition of the suit from which the right of mutation, construction of further floors automatically flows, which the parties are at liberty to pursue in accordance with law. No specific directions of the Court are required either to direct mutation or for sanction of building plan which are not even before the Court at this stage.
9. No correction is required in the judgment in respect of Prayer ii, as has been asserted in the application.
10. The application is accordingly disposed of.
JUDGE MAY 22, 2024