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Mahesh kumar Orchu (student)     26 October 2023

Change of ep schedule property.

Greetings for the day.

 

Case Brief:

There was compromised in OS. Based on the compromised order EP filed with sy no 129 extent 3acres,130 extent  7 acres and 131 an extent 10 acres total admeasuring  20 acres. In the course of EP case again compromise came to pictures. Both parties agreed for the compromise for an extent 13 acres with sy no 128 extent 5 acres, sy no130 extent 6 acres, sy no 131 extent 2 acres. Total 13 acres.

Kindly help me in the following areas.

Q) can I file a petition for ammendment of EP schedule property changing from 20 acres to 13 acres.

Q) present physically 10 acres land available out of 13 acres. Kindly provide one feasible solution for this.

Thank you in advance.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     27 October 2023

Amendment to amend the suit property may not be entertained by the executing court.

Schedules cannot be amended in an execution petition and that Schedule of property has to be in line with the  court order .

LOKANATHAM   27 November 2023

as per Hon'ble Court Orders only EP filed.

P. Venu (Advocate)     28 November 2023

In an Execution Petition, the comromise could only be on the matters relating to execution/implementation, but not on substantial issues or material facts in the civil suit.


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