Shree Chandrashekhar, J. - (1.) Aggrieved of order dated 28.07.2015 passed in Execution Case No. 02 of 2011 whereby application filed under sections 152 read with 151, C.P.C has been rejected, the decree holder has approached this Court.
(2.) Title Suit No.167 of 2005 was instituted for a decree of specific performance of agreement dated 19.02.2004. The suit was decreed vide judgment dated 30.07.2011 and decree was drawn on 08.08.2011. For execution of the decree passed in Title Suit No. 167 of 2005, the decree-holder instituted Execution Case No.02 of 2011 in which the aforesaid application was filed on 21.11.2014. The plea taken by the petitioner is that a relief for recovery of possession vide prayer at clause (ii) was made in Title Suit No. 167 of 2005 and the trial Judge in its judgment dated 30.07.2011 on consideration of the evidences led by the parties during the trial, has granted relief as sought for by the plaintiff in the title suit.
(3.) Sri Sarju Prasad, the learned counsel for the petitioner submits that in view of section 22 of the Specific Relief Act, the trial court has ample power under sections 152 read with 151, C.P.C to correct inadvertent mistake committed in the judgment. The learned counsel for the petitioner has referred to the decisions in Niyamat Ali Molla v. Sonargon Housing Co-operative Society Ltd. & Ors., 2008 AIR(SC) 225 and Srihari (dead) through legal representative Ch. Niveditha Reddy v. Syed Maqdoom Shah and others, 2015 1 SCC 607.;