Order No:  5                                                                            Date:28/07/2023

This case record has been initiated by the petitioners/complainants in view of the application filed under Section 40 of the Consumer Protection Act, 2019 for making review of the order dated 29/09/2022 and to incorporate the “C” schedule property ion the said injunction order dated 29/09/2022. This case has not contested of the O.ps. by filing W/O.

It is the main point of contention and argument of applicants/complainants side that in the petition of complaint the complainants have described three schedule i.e. schedule “A”, schedule “B” and schedule “C” and even in the injunction application complainants/applicants described three schedules but Ld. Commission has passed the injunction order in respect of “B” schedule property lent no such injunction order in respect of “C” schedule property has been passed. As a result of which the complainants/applicants are facing serious problem/trouble and if the order dated 29/09/2022 is not rectifies the complainants/applicants shall suffer irreparable loss and injury.

For the purpose of arriving at just and proper decision in respect of above noted review the application and/or in connection with this M.A. case this District Commission after going through the materials of this M.A. case and also after making scrutiny of the materials of C.C. case No.254/2022 finds that the applicants/complainants have described three schedules in the complaint petition as well as in the injunction petition. However, due to inadvertence and/or typographical mistake in the injunction order the “C” schedule proper has not been incorporated. This error is undoubtedly in the intentional error.

Considering all this factors the prayer for review of the applicants/complainants is allowed. Let “C” schedule property be incorporated in the injunction order. O.ps. and their men and agents are directed not to create in third party interest over the “B” and “C” schedule property and not to transfer the “B” and “C” schedule property to the third party until further order.

In the light of this observation the M.A. case is disposed of.

Dictated & corrected by me.

President