LAWS(KAR)-2010-4-18

K L LAKSHMANAN BANGALORE Vs. NATARAJAN

Decided On April 12, 2010
K.L.LAKSHMANAN, BANGALORE Appellant
V/S
NATARAJAN Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.03.2008 in Execution petition No. 75/2008 on the file of the 11th Addl. City Civil Judge, Bangalore.

(2.) The undisputed facts leading to this case are that, the petitioner has filed a suit in O.S. No. 6277/1996 seeking specific performance of contract. The said suit was decreed by judgment and decree dated 22.3.2000. In pursuance of the said decree, the decree holder deposited the amount and thereafter filed an application for appointment of Commissioner to execute sale deed on behalf of the judgment debtors. The sale deed was executed on 21.6.2002. Thereafter the decree holder requested the executing court to deliver possession. However, the said application was rejected. He filed one more application Under Section 152 seeking amendment and correction of decree. The said application was also rejected, against which, he filed a writ petition in W.P. No. 25425/2005. This Court by order dated 27.11.2007 after hearing learned Counsel for both sides observed that there was no need for the plaintiff to approach trial court for amendment of decree Under Section 152 of CPC in view of obtaining a decree for specific performance, as the plaintiff will automatically get possession of the suit property after the sale deed Is executed in his favour, accordingly it is held that the learned judge has rightly rejected the application.

(3.) This Court had disposed of writ petition with an observation that the application Under Section 152 CPC for amendment and correction of the decree is unnecessary in view of the sale deed executed by the executing court in favour of the decree holder. In view of the observation made by this Court, the petitioner sought for delivery of possession by filing another application in Ex. No. 75/2008 inter alia stating that from the date of the order in W.P. No. 25425/2005, the petition is within two year and notice be dispensed with. Accordingly, delivery warrant was issued for execution of the decree with police help by Executing Court on 11.2.2008. On 25.2.2008. the court ameen went to the spot and executed decree by drawing mahazar of delivery of possession in favour of decree holder. Thereafter on 29.2.2008, he reported to executing court that decree of delivery of possession has been executed and the executing court recorded the said submission.