Mr. Manoj Kumar vs Ms. Monika
2023 Latest Caselaw 3532 MP

                                                                 1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 28 th OF FEBRUARY, 2023
                                               MISC. PETITION No. 5701 of 2022

                           BETWEEN:-
                           MR. MANOJ KUMAR S/O BRIJLAL JAISWAL, AGED
                           ABOUT 46 YEARS, OCCUPATION: BUSINESS R/O 3/6
                           BAJRANG NAGAR UJJAIN (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (SHRI MADHAV LAHOTI, LEARNED COUNSEL FOR THE PETITIONER )

                           AND
                           1.    MS. MONIKA D/O VIMALSWAROOP MALHOTRA,
                                 AGED ABOUT 32 YEARS, OCCUPATION: SERVICE
                                 R/O 19, RISHI NAGAR EXTENSION UJJAIN
                                 (MADHYA PRADESH)

                           2.    STATE OF M.P. THROUGH SUB REGISTRAR
                                 O F F I C E BHARATPURI, UJJAIN (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           ( SHRI SHREY RAJ SAXENA, LEARNED DY.ADVOCATE GENERAL FOR
                           THE RESPONDENT NO.2/STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                 ORDER

The petitioner has filed this present petition challenging the order of the executing Court whereby the Court has declined to amend the map attached with the sale deed executed by the Court in execution of the judgment and decree in favour of the petitioner.

Learned counsel for the petitioner submits that the petitioner has

Signature Not Verified presented the said sale deed to the Bank for taking loan but the directions of the Signed by: REENA JOSEPH Signing time: 01-03-2023 15:47:27

plot in question are not mentioned in the sale deed, therefore, the Bank is not ready to accept it.

There is no such written communication/rejection by the Bank addressed to the petitioner. The trial Court has rejected the application seeking amendment in the map attached with the sale deed. The Court has only executed the sale deed in favour of the petitioner in execution of the judgment and decree. If any amendment is required in the sale deed or map, the registering authority is competent to do so, not the Court. It is not a case that any amendment is required in the judgment or decree, therefore, the petitioner has wrongly approached the executing Court seeking amendment in the map. Even otherwise

the Bank has not passed any order of rejection of the loan application on this ground. However, the petitioner is at liberty to approach the competent authority for redressal of his grievance.

With the aforesaid, this petition is disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 01-03-2023 15:47:27