IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SEBASTIAN T.J – Appellant
Versus
SOUTH INDIAN BANK MANANTHAVADY – Respondent
| Table of Content |
|---|
| 1. execution petition filed for enforcing a decree. (Para 1 , 2) |
| 2. arguments regarding the amendment of the execution petition. (Para 3 , 4) |
| 3. court's observations on the necessity of amendments. (Para 5) |
| 4. court's reasoning for allowing amendments. (Para 6) |
| 5. final decision on the matter. (Para 7) |
JUDGMENT
Petitioners are respondents 1 to 5 in the execution petition filed by the 1st respondent herein as decree holder on the basis of a money decree obtained as in O.S. No. 37 of 2019 on the file of the Sub Court, Sultanbathery.
2. First respondent filed Ext.P2 execution petition as E.P No. 40 of 2022 before the Sub Court, Sultanbathery for the enforcement of the decree debt, to which Ext.P3 objection was filed by the petitioners. After about two years of filing the execution petition, the 1st respondent filed an application as Ext.P4, seeking amendment of the execution petition by incorporating decree details and amount due under various heads, to which Ext.P5 objection was filed by the petitioners. The Execution Court allowed the said application as per Ext.P6 order, which is challenged in this original petition.
3. Learned Counsel appearing for the petitioners submits
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