S BRAHMANAND Vs. V RAJAN

JUDGEMENT

(1.) Under challenge is Ext.P8 order dated 17.2.2007 of the Sub Court, Kozhikode, whereby the said court dismissed I.A. 5838 of 2006 in O.S. 647 of 1995. That was a petition to amend the schedule of the plaint, decree and other records by correcting the village and desom.

(2.) The petitioners before this court are the decree holders in O.S. 647 of 1995 before the Sub Court, Kozhikode, which had a checkered carrier. The suit was one for specific performance which was decreed by the Trial Court. In appeal, this court reversed the judgment and decree of the Trial Court and dismissed the suit. The aggrieved plaintiff carried the matter in appeal before the Apex Court and the Apex Court allowed the appeal and restored the decree of the Trial Court and the decision is reported in Brahmanand v. Muthugopal, 2005 4 KerLT 809 .

(3.) The decree was put in execution. In pursuance to the decree, a sale deed was executed through court and the decree holder sought for registration of the sale deed. When he approached the Registrar's office, he was told that the village shown is wrong, i.e., the property is actually situated in Nagaram Village, whereas the property is shown in Kasaba village in the decree as well as in the plaint. This necessitated the petitioner to move a petition for correction of plaint, decree etc., so as to bring it in conformity with Ext.P4 certificate granted by the Village Officer showing that the property falls within Nagaram village.