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Prasad v Prasad [2015] FJHC 415; Civil Action 197.2013 (8 June 2015)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

Civil Action No. 197 of 2013

BETWEEN:

SUMAN LATA PRASAD
Plaintiff

AND:

DINESH PRASAD
Defendant

Appearance : Mr Singh S. of Shelvin Singh Lawyers for the Plaintiff

Mr Chand A. of Diven Prasad Lawyers for the Defendant

Date of Judgment : 8 June 2015

ORDER

Clarification of the Judgment

[1] The Judgment on this matter was delivered on 10 March 2015.

[2] The counsel for the Plaintiff by the letter dated 4 June 2015 addressed to the Senior Court Officer requested to mention this case before me for clarification for the Orders made in the said Judgment dated 10 March 2015 and I make the following clarification:

(1) I refer to the paragraph (4) of the Orders and declare the purpose of obtaining the highest price from the tenders called for is to offer the property for both parties at the highest bid received.

(2) The parties should understand if the court wanted to have the property to be sold at the valuation price there is no purpose of calling for the tenders.

(3) This court made the order to call for bids to obtain the maximum price for the property and if the both parties do not meet the highest bid received the property should be sold to the highest bid received and shared the monies as per the Orders of this Court.

(4) Accordingly, I declare if any party to this action purchases the property it should be for the highest bid received and not for the valuation price.

Delivered at Suva this 8th Day of June 2015

.........................

C. KOTIGALAGE

JUDGE