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february 2012

Supreme Court of India · 2012-02-24

K. THIPPANNA @ THIPPESWAMY vs VARALAKSHMI

Citation / case number
SC 2009/30923
Court
Supreme Court of India
Petitioner
K. THIPPANNA @ THIPPESWAMY
Respondent
VARALAKSHMI
Author
Chelameswar
Bench
J. CHELAMESWAR P. SATHASIVAM

Judgment text excerpt

The Supreme Court addressed the appeal against the Karnataka High Court's judgment allowing the respondent's writ petition to amend the prayer for a final decree under Order 20 Rule 18 read with Section 54 of the CPC. The Court held that the High Court's order was legal and set aside the trial court's rejection of the amendment application, emphasizing that the executing court must consider the previous orders in W.P.No.75/2007. The Court ruled that until the final decree is drawn up, the extracted ore shall not be lifted by either party.

K. THIPPANNA @ THIPPESWAMY vs VARALAKSHMI · Niyam