B. V. Gowda Dead By Lrs vs. Col. Francis A. M. Machado

ITEM NO.57 COURT NO.7 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Miscellaneous Application No. 1748/2023 in SLP(C) No. 35931/2016

[Arising out of impugned final judgment and order dated 31-07-2019 in SLP(C) No. 35931/2016 passed by the Supreme Court of India]

B.V. GOWDA DEAD BY LRS. Petitioner(s)

VERSUS

COL. FRANCIS A.M. MACHADO . Respondent(s)

(IA No. 94122/2023 - APPLICATION FOR RECTIFICATION and IA No. 94145/2023 - CLARIFICATION/DIRECTION and IA No. 94120/2023 - CONDONATION OF DELAY IN FILING)

Date : 13-12-2024 This matter was called on for hearing today.

CORAM :

Signature Not Verified

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL

For Petitioner(s)

Mr. Mallikarjun M.S., Adv.

Ms. E. R. Sumathy, AOR

Mr. Prakash Chandra Sharma, Adv.

For Respondent(s)

Mr. Puneet Sharma, AOR (Not present)

Mr. Ashok Bamnidinni, Adv.

Mr. Purushottam Sharma Tripathi, AOR

UPON hearing the counsel the Court made the following O R D E R

1. Seeking modification in the last paragraph of order dated 31.07.2019 passed in SLP (C)No. 35931 of 2016, the present miscellaneous application has been filed.

2. In the last paragraph in line No.3, the first respondent is mentioned instead of defendant No.1. Digitally signed by NIDHI AHUJA Date: 2024.12.18 16:15:29 IST Reason:

1

MA No. 1748/2023 in SLP(C) No. 35931/2016

3. Having considered the submissions, we allow such correction. The last paragraph of order dated 31.07.2019 passed in SLP (C)No. 35931/2016 be read as under:

"Since soon after the judgment and decree passed by the trial court, the requisite amount was deposited by the plaintiff in the trial court, the defendant No.1 shall be entitled to withdraw the said amount with interest accrued thereon."

4. Accordingly, the miscellaneous application stands disposed of. Pending application(s), if any, shall also stand disposed of.

(NIDHI AHUJA) (NAND KISHOR) AR-cum-PS COURT MASTER (NSH)