PRATAP KUMAR SADHU Vs. MANOWARA BEGUM

JUDGEMENT

(1.) THE petitioners initially filed an application on 2nd September, 2009 under section 152 read with Order 20 Rules XTV and VI of the Code of Civil Procedure in which a prayer was made for amendment of final decree dated 17th February, 1998.

(2.) THE said application was filed on the ground that the final decree dated 17th February, 1998 is not executable as the pre-emption value of Rs.34,000/- together with the cost is allowed to be deposited and such value is incorporated in the final decree on the basis of the report filed by the learned Commissioner in this regard. It was contended that the judgment-debtors/stranger purchasers purchased the said family dwelling house property from the proforma defendant Nos.5 and 6 which resulted in a title suit being instituted being Title Suit No.36 of 1985 in the said proceeding, a preliminary decree of pre-emption was passed on 31st August, 1988 which records as follows:-

(3.) THE report of the Commissioner specifically states as follows:-