1 CRA NO.219/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 219 OF 2011 Subhash s/o Gyandeo Dame, Age: 43 years, Occu: Agriculture, r/o. Harangul (Kh), Tq. And Dist. Latur. ...PETITIONERS (ORIG.PLAINTIFF) VERSUS 1. Balaji s/o Gyandeo Dame, Age: 52 years, Occu: Agriculture, r/o. Harangul (Kh), Tq. And Dist. Latur. 2. Bhausaheb s/o Gyandeo Dame, Age: 50 years, Occu: Agriculture, r/o Harangul (Kh), Tq. And Dist. Latur. 3. Kakasaheb s/o Gyandeo Dame, Age: 47 years, Occu: Agriculture, r/o Harangul (Kh), Tq. And Dist. Latur. 4. Bithhu s/o Gyandeo Dame, Age: 37 years, Occu: Agriculture, r/o Harangul (Kh), Tq. And dist. Latur. 5. Mukrabai s/o Gyandeo Dame, Age: 70 years, Occu: Agriculture, r/o Harangul (Kh), Tq. And Dist. Latur. ...RESPONDENTS ... Mr. C.R.Deshpande, Advocate for Petitioners Mr. T.M.Venjane, Adv., for respondent nos. 1, 2, 3 and 5. Respondent no.4 served. ... 2 CRA NO.219/2011 CORAM : K.U. CHANDIWAL, J. Dated: November 25, 2011 ... PER COURT :- 1. Heard learned Counsel for the petitioner. Learned Counsel Mr. Venjane appears for respondent nos. 1, 2, 3 and 5. Respondent No.4 Bithhu s/o Gyandeo Dame, inspite of service, is absent. 2. In a consent decree between the brothers inter se recorded in RCS No.321/2009, the description of the properties given in respect of Gat No.182 had mismatch to the existing situation agreed upon between the brothers about the property to be partitioned. 3. The parties desire that the decree could be corrected to the extent of the boundaries as is referred in the consent terms. An application was moved to the original Court for correction of the decree in terms of Section 152 of Code of Civil Procedure. Learned Judge did not agree and hence present proceedings. 4. Considering the stands between the brothers inter se, there is no controversy about the mismatch of the boundaries recorded in the consent terms and, consequently, in the decree. 3 CRA NO.219/2011 No prejudice apparently seen to be caused to the parties litigating if correction is allowed. 5. In the situation, the application to correct the boundaries in the consent terms and also in the decree is allowed. Civil Revision Application allowed to the extent as above. ( K.U. CHANDIWAL, J. ) ... agp/219-11cra