Smt Geeta W/O Annappa Khot vs Sri Ramu S/O Namadev Walke
2023 Latest Caselaw 5121 Kant

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                                                           NC: 2023:KHC-D:7998
                                                              WP No. 100238 of 2022




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 1ST DAY OF AUGUST, 2023

                                                BEFORE

                           THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                              WRIT PETITION NO. 100238 OF 2022 (GM-CPC)

                      BETWEEN:

                      1.   SMT. GEETA W/O. ANNAPPA KHOT,
                           AGE: 58 YEARS, OCC: AGRICULTURE,
                           R/O: WADAGOL-591213,
                           TQ: CHIKKODI, DIST: BELAGAVI.

                      2.   SMT. NANDA W/O. SURAPPA BHAAGAI,
                           AGE: 65 YEARS, OCC: AGRICULTURE,
                           R/O: WADAGOL-591213,
                           TQ: CHIKKODI, DIST: BELAGAVI.
                                                                      ...PETITIONERS
                      (BY SRI K.H. BAGI, ADVOCATE)

                      AND:

                      1.   SRI RAMU S/O. NAMADEV WALKE,
                           AGE: 49 YEARS, OCC: AGRICULTURE,
                           R/O: WADAGOL-591213,
YASHAVANT                  TQ: CHIKKODI, DIST: BELAGAVI.
NARAYANKAR

Digitally signed by
YASHAVANT             2.   SRI KUMAR S/O. NAMADEV WALKE,
NARAYANKAR
Location: High
Court of Karnataka,
                           AGE: 42 YEARS, OCC: AGRICULTURE,
Dharwad
                           R/O: WADAGOL-591213,
                           TQ: CHIKKODI, DIST: BELAGAVI.
                                                                     ...RESPONDENTS

                            THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                      OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
                      NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
                      DIRECTION, QUASHING THE IMPUGNED ORDER ON I.A.2 DATED
                      06.09.2021 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC
                      CHIKKODI IN E.P.NO.90.2016 PRODUCED AS ANNEXURE-E BY
                      ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND
                      EQUITY.
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                                         NC: 2023:KHC-D:7998
                                            WP No. 100238 of 2022




      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The captioned writ petition is filed by judgment

debtor feeling aggrieved by the order of the Executing

Court, wherein the application filed by the decree holder

seeking correction of survey number is allowed by the

Executing Court. The said order is under challenged.

2. The respondent/decree holder has the benefit of

decree in O.S.No.186/2007. The decree pertains to

R.S.No.1021/2. However, while filing an Execution

Petition, the suit property is referred as R.S.No.1021/1

instead of R.S.No.1021/2, which is the subject matter of

decree. It is in this background, the Executing Court has

allowed the application. I am unable to understand what is

the injury that has caused to the petitioner/judgment

debtor if decree holder is permitted to amend survey

number. Therefore, I do not find any illegality or infirmity

in the order under challenge. The decree holder who has

the benefit of decree is entitled to execute the decree in

NC: 2023:KHC-D:7998 WP No. 100238 of 2022

accordance with law. Merely because there is

typographical error in mentioning the suit property, that in

itself will not takeaway the rights of the decree holder.

3. The writ petition being devoid of merits is

dismissed.

Sd/-

JUDGE

AM/-