SANTOSH KUMAR TULSYAN Vs. SHIPRA DEVI

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The area of dispute involved in the present matter is in a narrow compass. Plaintiffs/respondents herein are the decree holders in Title Suit No.17/1998 vide judgment dated 18th April, 2009 (Annexure-3) and decree dated 25th April, 2009. The judgment and decree have been upheld by the 1st Appellate Court of Additional Judicial Commissioner-VI, Ranchi in Title Appeal No.61/2009 vide judgment dated 4th Jan., 2010. The judgment debtor/petitioner herein is also in Second Appeal before this Court bearing No.40/2010 where no stay has been granted admittedly.

(3.) The orders impugned in the present writ application were passed by the Executing Court on 17th Jan., 2014 and on a review petition on 16th March, 2016 (Annexure-6 and 9 respectively) allowing the amendment sought for by the decree holder in the prayer portion of the execution petition. The judgment debtor has, on the other hand, approached the trial court of Civil Judge Junior Division-II, Ranchi under the provisions of Sec. 152 of the Civil Procedure Code for amendment of the decree in conformity with the judgment passed by the learned court in the Title Suit. That petition is still pending. The petitioner/judgment debtor is aggrieved with the impugned order as allegedly the decree prepared is not in conformity with the judgment passed by the learned trial court. Findings on issue no.8 as to the relief to which the plaintiff is entitled, is referred to in conjunction with the decree.