( 1 ) THIS is an application filed on 15-6-2002 under Section 152 of the code of Civil Procedure read with Article 226 of the Constitution of india for correction of the word "dismissed" appearing in the 5th line of the order dated 21-11-1990 as "decreed".

( 2 ) NO doubt, this Court becomes fanctus offtcio after passing order, judgment or decree, but it can correct a clerical or arithmetical error and an error arising therein from any accidental slip or omission either on its own motion or on the application made by any party. So also, as far as the delay is concerned, this Court is lenient in condoning the delay if sufficient and reasonable cause is shown. It is also settled that no party should suffer due to the mistake of the Court, and the same can be corrected at any point of time, if the mistake or arithmetic error is on the part of the Court.

( 3 ) A bare reading of the application reveals that same can be dismissed. The learned Senior Counsels Sri Chidambaram and Sri Udaya holla have argued the case at length, and therefore, it is necessary to state the relevant facts leading up to this application.

( 4 ) THE property comprised at No. 25, Sankey Road, Bangalore City known as "baquerbad" belonging to late Sri Aga Ali Askar, by virtue of the Will executed by him was included in the list of Wakf property maintained by the Wakf Board. It is averred that the mutawallis after obtaining sanction to the scheme by the Wakf Board executed a registered lease deed in favour of M/s. Monarch Corporation on 15-10-1973 which in turn assigned the leasehold rights in favour of Vishwarama hotels Limited (Present in ITC Hotels) on 13-9-1974. The assignee was put in possession of the property, who after demolition of existing structure has put up a Five Star Hotel. Anjuman-e-Imamia and three others belonging to Shia Muslim Community filed O. S. No. 8041 of 1980 on the file of the City Civil Judge, Bangalore on 15-9-1980 seeking for a declaration that Shia Public are entitled to continuous use and enjoyment of the property and lease dated 15-10-1973 and assignment dated 13-9-1974 are null and void and for perpetual injunction against defendants m/s. Vishwarama Hotels, Windsor Manor Hotel and Karnataka Wakf board arrayed as defendants 2, 4 and 5 respectively. In the said suit trial Court granted an order of temporary injunction against defendants which was set aside in M. F. A. No. 2445 of 1981 before this Court by order dated 27/28-1-1982 and special leave petition against said order has been dismissed by Supreme Court in SLP No. 2253, dated 28-5-1982. The Wakf Board by its proceeding dated 3rd, 4th and 5th June, 1981' in exercise of power under Section 36-A of the Wakf Act, 1954 declared that the above said lease deed dated 15-10-1973 and assignment dated 13-9-1974 are null and void and pursuant to said resolution the. Deputy Commissioner initiated proceedings for recovery of Wakf property under Section 38-B of the Act and the same was impugned in w. P,no. 13379 of 1981 before this Court. Said writ petition was allowed on 3-8-1990 and being aggrieved by the same Wakf Board filed W. A. No. 2163 of 1990 and this Court by order dated 21-11-1990 disposed of the appeal and passed the following order:"after some argument, all that the learned Counsel for the appellant wants is to observe that the rights of the parties will stand settled as per the final outcome of O. S. No. 8041 of 1980, pending on the file of the City Civil Judge, Bangalore. It shall be so. We may also add should the suit be dismissed then the impugned order passed by the Wakf Board, Annexure-L, dated 3rd, 4th and 5th of June, 1981 will stand revived. Thereupon, it will be open to the writ petitioner-Vishwarama Hotels Limited, to raise all defences available to it to attack the order. Dismissed, subject to the above observation".

( 5 ) IT is averred in this application that expression "dismissed" appearing in the course of above order is a clerical/typogr