Sri T Shivaji Rao v. Smt Kushala Bai
Case brief
What is this about?
This writ petition challenged an order allowing amendment of the execution petition schedule by bifurcating a decree property. The court held that the executing court must conduct an enquiry to ascertain if the decree-holder alleged different properties before permitting such amendments that alter decree boundaries.
What did the court decide?
Impugned order allowing amendment set aside. Executing Court directed to conduct enquiry to verify if properties are the same and if bifurcation was proper.
What the court decided
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WP No. 7350 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 7350 OF 2017 (GM-CPC)
BETWEEN:
SRI T. SHIVAJI RAO S/O LATE BALAPPA, AGED ABOUT 60 YEARS, R/A VITAGONDANAKOPPA VILLAGE, HARANAHALLI HOBLI & POST, SHIVAMOGGA TALUK & DISTRICT
…APPELLANT
(BY SRI. H. N. BASAVARAJU, ADVOCATE)
AND:
Issues for consideration
2 issues framed by the court
Whether the executing court could allow an amendment to the schedule in an execution petition without conducting an enquiry to verify if the proposed property boundaries were identical to those in the
Whether the decree-holder was permitted to bifurcate a single schedule entry into multiple entries without prior rectification of the original decree or existence of vendor's title to sell the additio
Parties & counsel
- appellant
Sri T. Shivaji Rao
- respondent
Smt. Kushala Bai
- respondent
Sri Basavarajaiah
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- WP/7350/2017
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