1 wp5197-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 5197 OF 2011 Chagan Balu Dangat .. Petitioner Versus Balu Nama Shinde and others ... Respondents Mr. N. V. Vechalekar & Co. for the petitioner CORAM : R. Y. GANOO, J. DATED : 3rd October, 2011 P.C. 1. Heard learned advocate for the petitioner. 2. According to the petitioner, he agreed to purchase from the respondents land bearing Survey No. 25/10, situated at village Dhopade. However, in the plaint, he mentioned the land survey No. 29/10. The suit, bearing Regular Civil Suit No. 20 of 1986 proceeded and the learned Civil Judge, Junior Division, Khalapur before whom the Suit was pending, passed decree in respect of the land bearing Survey No.29/10. The said judgment and decree was challenged in Appeal and the petitioner succeeded before the Appeal Court. At the stage of execution of the said decree, the mistake is detected by the petitioner. The petitioner, therefore, filed an application below Exh.1 under 2 wp5197-11 section 152 of the Code of Civil Procedure for correction of the land survey number. That application is at Exh.F to the petition. That application is rejected by the learned Judge by order dated 17th April, 2011. 3. I have perused the provisions of section 152 of the Code. The learned Judge was right in rejecting the application because, the corrections which can be carried out under section 152 of the Code are restricted to the judgment which is delivered by the Court. Learned Judge rightly rejected the application as he could not have carried out the correction in the main plaint. In my view, the order passed by the learned Judge, impugned in this petition, cannot be set aside. With this observation, the petition is dismissed with no order as to costs. 4. It is clarified that if the petitioner wants to protect his interest by taking out another an application in accordance with some other provisions of law, he is free to do so. (R. Y. GANOO, J.)