IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 10826 of 2009(O) -------------------------- OS.54/2007 of ADDL.M.C.,KOTTAYAM .................... PETITIONER: --------------- T.KURIAN THOMAS, THEKKETHALACKAL HOUSE, VELOOR KARA, KOTTAYAM VILLAGE, KOTTAYAM TALUK. BY ADV. MR.M.NARENDRA KUMAR RESPONDENT: --------------- USHA RAMESH, VETTAKUZHIYIL HOUSE, PUTHENANGADY, KARAPUZHA, KOTTAYAM VILLAGE. ADV. MR.M.P.MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10826 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PLAINT IN O.S.NO.54/2007 DATED 27.1.2007 IN THE COURT OF MUNSIFF, KOTTAYAM. EXT.P2: JUDGMENT DATED 24.8.2007 IN O.S.NO.54/2007 IN THE COURT OF MUNSIFF, KOTTAYAM. EXT.P3: I.A.NO.3404/2007 IN O.S.NO.54/2007 DATED 29.11.2007. EXT.P4: ORDER DATED 31.01.2008 IN I.A.NO.3404/2007 IN O.S.NO.54/2007 IN THE COURT OF MUNSIFF, KOTTAYAM. RESPONDENT'S EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.10826 Of 2009 ---------------------- Dated this the 24th day of September, 2010. J U D G M E N T Petitioner is the plaintiff in O.S.No.54 of 2007 on the file of the Additional Munsiff Court, Kottayam. Ext.P2 is the judgment in O.S.No.54 of 2007. The Munsiff Court passed a decree allowing the plaintiff to realise the amount stated with interest. Plaintiff filed Ext.P3 application under Section 152 Code of Civil Procedure for correcting the decree and judgment by incorporating the following details: “1. The suit is for realisation of money and for mandatory injunction stopping the use of the plaint schedule building by the defendant. 2. The relief C in the plaint to be allowed by incorporating the direction to the defendant to stop the use of the building by an order of mandatory injunction within a time to be fixed by the Court and in case of failure of the defendant obey that direction to allow the plaintiff to execute the order. 3. To allow the plaintiff to realise 18% interest on the arrears from the date of suit till the date of decree and allowing the cost of the suit.” W.P.(C).No.10826 Of 2009 ::2:: 2. The court is empowered to correct the decree and judgment in case there is any clerical or arithmetical mistake. The Additional Munsiff, Kottayam by Ext.P4 order dismissed the petition stating that the prayer sought did not come within the purview of Section 152 Code of Civil Procedure. Ext.P4 order passed by the court below is under challenge in this writ petition filed under Article 227 of the Constitution of India. in the facts and circumstances of the case this Court fully agree with the reasons stated by the learned Munsiff. 3. This Court is of the view that the petitioner has not made out any valid grounds for interference by this Court in exercise of the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. The writ petition fails and accordingly, dismissed. HARUN-UL-RASHID, Judge. bkn/-