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2023 Supreme(Chh) 5

NARENDRA KUMAR VYAS
Bashir Mohammed S/o Sheikh Daud @ Daddu – Appellant
Versus
Mohammed Saeed S/o Mohammed Saeed – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.D. Sharma, Aman Sharma.
For the Respondents: Ravish Chandra Agrawal, Anand Kumar Gupta, Anup Majumdar, Vivek Shrivastava.

JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. Today the instant MCC has been filed for correction in paragraph 15 of the judgment dated 2-1-2023 passed by this Court in Second Appeal No. 448 of 2014 (Bashir Mohammed (Died) through LRs. and Others vs. Mohammed Saeed (Died) through LRs. and Others).

2. Perused the judgment passed by this court on 2-1-2023 in Second Appeal No 448 of 2014 wherein Para 15 reads as under:

    “15. Learned trial court after appreciation of the evidence, material on record has recorded a finding that the plaintiff is unable to prove issue No. 1, 6 to 9 in negative against the plaintiff. Learned trial court while deciding issue No. 2 has recorded a finding that the plaintiff is unable to prove the fact that the suit property was purchased by his father in the name of Mohammad Sharif and while deciding issue No. 3, the trial court has recorded a finding that Mohammad Sharif was the owner of the suit property. While deciding issue No. 5 whether present suit is not maintainable because of res-judicata of Civil Suit No. 79A/72, the learned trial court has recorded a finding that both parties have given consent that principle of res-judicata is not applicable in the present fac

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