Mere Amendment To Draft Sale Deed Won’t Be Permissible Unless Decree Holder Gets Amended Plaint Schedule & Decree Schedule: Karnataka HC
|The Karnataka High Court has held that unless a decree holder gets amended the plaint schedule and decree schedule, mere amendment to the draft sale deed would not be permissible.
The petitioner i.e., the decree holder in this case, was before the court as she was aggrieved by the rejection of an application filed under Order 6 Rule 17 of CPC seeking amendment to the draft sale deed.
A Single Bench of Justice S.G. Pandit noted, “Having heard the learned counsel for the parties and on perusing the writ petition papers, I am of the view that no ground is made out to interfere with the order passed by the trial Judge, rejecting the amendment application filed by the petitioner decree holder. Unless the petitioner decree holder gets amended the plaint schedule as well as decree schedule, mere amendment to the draft sale deed would not be permissible.”
Advocate Manjunath Prasad H.N. appeared for the petitioner while Advocate Belavangala Basavaraju appeared for the respondents.
Factual Background -
The petitioner decree holder filed a plea for specific performance of contract and the said suit was decreed under judgment and decree in 2017. The said decree was confirmed by the High Court this year. To execute the said decree, the petitioner filed an execution plea before the Senior Civil Judge and the Executing Court ordered for execution of the sale deed through Court Commissioner.
The Court Commissioner returned the draft sale deed and hence, the petitioner decree holder filed an application under Order 6 Rule 17 CPC. In the affidavit, the petitioner stated that in terms of the report of the Court Commissioner, i.e., Sy.No.65/8 was phoded and the new Survey number was 65/43 which stood in the name of M.S. Manjunath @ Sombegowda, and amendment to draft sale deed became necessary.
The High Court in view of the aforesaid facts observed, “The Executing Court is required to execute the decree as it is and the executing Court cannot go beyond the decree. The observations made by the Executing Court in that regard is correct and needs no interference.”
The Court added that Order 6 Rule 17 CPC would not be applicable to amend the draft sale deed as prayed in the application.
Accordingly, the High Court disposed of the writ petition and allowed the petitioner to avail any other appropriate remedy available under law.
Cause Title- Jayanthi @ Rangamma v. Puttamma (Neutral Citation: 2023:KHC:32016)