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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
Shivaprasad K. S/o Shankaranarayana Bhat – Appellant
Versus
Kerala Gramin Bank Ho Malappuram Kodlamogaru Branch – Respondent
| Table of Content |
|---|
| 1. petitioner challenges execution amendment order. (Para 1 , 3 , 4) |
| 2. petitioner's argument against amendment based on decree modification. (Para 5 , 6) |
| 3. court's rationale on immovable property definitions supporting amendment. (Para 8 , 12) |
| 4. court discusses authority of execution court regarding amendments. (Para 10 , 11) |
| 5. final order dismissing the original petition. (Para 13) |
JUDGMENT :
K. NATARAJAN, J.
1. This petition was filed by the petitioner/JDR for challenging the order passed by the Subordinate Judge, Kasaragod, in E.A. No.1/2025 in E.P. No.52 of 2024 in O.S. No.53 of 2020, and allowing the application filed by the decree holder under Order 6 Rule 17 C.P.C., to amend the schedule of the property in the execution case.
2. Heard the learned counsel for the petitioner and the counsel for the respondent. Learned counsel for the respondent objected to the petition and supported the order passed by the Execution Court.
3. The case of the petitioner is that the respondent obtained the decree of Rs.10,59,560/- and filed an Execution Petition E.P. No. 52 of 2024 in O.S.No.53 of 2020. As per the decree obtained by the respondent in Ext.P1, the D Schedule property me
An execution court can allow amendments to a schedule of property included in a decree without altering the decree itself, provided it involves adding existing structures.
Court emphasized that amendments to execution petitions for clarity do not alter property identity and are permissible.
Order 21 Rue 23 deals with the procedure to be followed after getting notice under Order 21 Rule 22.
Decree enforcement is limited to the property mentioned in the decree, and the executing court cannot go beyond the specified boundaries.
An ex parte decree that is cryptic and non-compliant with procedural requirements cannot be executed; necessary amendments to parties and relief sought must be pursued to validate execution.
The court affirmed the right to amend execution petitions to rectify inadvertent mistakes, prioritizing justice over technical procedural objections.
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
The execution of a decree cannot be stayed based on discrepancies in building numbers when the identity is established by location.
The executing court is bound to execute the decree as per its terms and cannot entertain frivolous objections that delay justice.
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