MANSIDHAR BHOINA Vs. MITRABHANU BHUE

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 26/12/2017 (Annexure-1) passed by learned Senior Civil Judge, Bargarh in Execution Petition No.26 of 2009 is under challenge in this CMP, whereby an application filed by the Petitioner-D.Hr under Order VI Rule 17 CPC to amend the execution petition, has been rejected.

(3.) Ms. Sahoo, learned counsel being authorized by Mr. Bose, learned counsel for the Petitioner submits that C.S. No.7 of 2007 was filed in the Court of learned Senior Civil Judge, Bargarh for specific performance of contract. The said suit was decreed with a direction to the Defendant-Opposite Party to refund the consideration amount of Rs.1,14,000.00 to the D.Hr. Accordingly, Execution Case No.26 of 2009 was filed by the D.Hr. During pendency of the execution proceeding, the Petitioner filed an application for amendment of the execution petition to incorporate an alternate prayer in the execution petition to direct the Defendant-J.Dr to execute the sale deed in favour of the Plaintiff-D.Hr. The said application was rejected on the ground that the Court cannot go beyond the decree.