Leave to amend the cause-title of the application with respect to the applicant, and the memorandum of the application at page No.2 to indicate the correct date of the order, is granted. The necessary amendments be carried out forthwith.
Rule. Mr.Dipan A.Desai, learned advocate, waives service of notice of Rule on behalf of the opponents. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the application is being heard and finally decided, today.
This application has been filed for modification/ clarification of order dated 05.03.1973, passed by this Court in Special Civil Application No.714 of 1971 with Special Civil Application No.1430 of 1971.
The brief facts of the case are that Special Civil Application No.714 of 1971 was filed by Manekben Dadisheth Commissariat, challenging the order passed by the Gujarat Revenue Tribunal whereby Tenancy Revision Application No.889 of 1970 was dismissed. In the said writ petition, a consensus was arrived at between the parties to the proceedings and a consent Purshis, along with the Partition Deed, was filed in the aforesaid petitions. On 05.03.1973, this Court passed an order in Special Civil Application No.714 of 1971 with Special Civil Application No.1430 of 1971, which is extracted hereinbelow:-
"In the High Court of Gujarat at Ahmedabad Special Civil Application No.714 of 1971 with Special Civil Application No.1430 of 1971 =========================================== Mrs.Manekben Dadisheth Commissariate - Petitioner(s) versus Lalbhai Valabhai Voger - Respondent(s) =========================================== Appearance:
Mr.B.C.Vakil for the Petitioner(s) Mr.K.A.Mehta for the Respondent(s) =========================================== Coram:
Honourable Mr.Justice A.D.Desai Date:
05.03.1973 ORAL ORDER:
Undertakings of the petitioners in Special Civil Application No.1430 of 1971 and respondents in Special Civil Application No.714 of 1971 to be taken on record. The orders of the lower court in the special civil applications are set aside. Order in terms of compromise. No order as to costs.
Date:
05/03/1973 sd/-
(A.D.Desai, J.)"
(A certified copy of the order dated 05.03.1973 is produced by the learned advocate for the applicant, which is taken on the record of the application.) It is the case of the applicant that while issuing the Writ, certain errors have crept into the English Translation of the consent Purshis, which was in the Gujarati vernacular. For example, in the 7th line of Paragraph-1, the first word 'towards' should be read as 'except', but it appears that due to inadvertence, wrong translation has been done and instead of 'except', it has been mentioned as 'towards'.
Heard Mr.Tushar Mehta, learned Senior Advocate with Mr.Viral K.Shah, learned advocate for the applicant and Mr.Dipan A.Desai, learned advocate for the opponents.
The learned Senior Advocate for the applicant has submitted that it has been understood by and between the parties that the land situated on the upper western side of Survey No.411-412 and the land except Survey No.414 to 417 will be handed over to the applicant herein. The applicant has since sold the aforesaid land. However, in view of the error that has crept in by substituting the word 'towards' for 'except', the purchaser of the land is facing difficulties, hence the applicant is constrained to move the present application.
Mr.Dipan A.Desai, learned advocate for the opponents, endorses the stand of the applicant that there is an error in the English translation of the Deed of Compromise which has also crept into the Writ of the Court.
It is jointly submitted by Mr.Tushar Mehta, learned Senior Advocate on behalf of the applicant and Mr.Dipan A.Desai, learned advocate for the opponents, that directions may be issued to the Registry to issue the Writ afresh after re-translating the Compromise Deed. The applicants and opponents may be permitted to jointly submit the translation of the Compromise Deed to the Registry of the Court, which can be verified by the Senior Translator, after which a fresh Writ of the order dated 05.03.1973, may be issued.
In view of the consensus arrived at between the learned counsel for the respective parties, the following order is passed:
The application is allowed. The applicant as well as the opponents are permitted to prepare and submit jointly, the English Translation of the Compromise Deed effected between the parties, to the Registry of the Court. The Registry shall thereafter have the translation so submitted verified by the Senior Translator of the High Court, who shall ensure that the Compromise Deed is correctly translated from the vernacular in English. Thereafter, a fresh Writ of the order dated 05.03.1973 shall be issued.
Rule is made absolute to the above extent.
(Smt.
Abhilasha Kumari, J.) (sunil) Top