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Judgment
Mohan Shantanagoudar, J.—The impugned order is passed in derogation of the order of this Court passed in Writ Petition No. 75/2007 dated 16th June, 2008. The Executing Court has fully ignored with the dictum laid down by this Court in the said order. This is a serious issue. The Presiding Officer of the Executing Court should desist from ignoring the orders passed by the higher Courts. If, such things continue, action will have to be taken against the concerned officer, in future, in accordance with law. This court while deciding Writ Petition No. 72/2007 has clearly held that the plaintiffs prayer to amend the petition filed for drawing up of a final decree shall be allowed. Since the amendment was consequential to the preliminary decree, this Court permitted the plaintiff to take up the plea raised in the amendment application. In this view of the matter, the trial Court is not justified in passing the impugned order observing that there is no amendment or revision of the preliminary decree in O.S. No. 87/2002. Accordingly, the following order is made:
The impugned order dated 29th November, 2008 insofar as it relates to the non-granting of permission to the petitioner to amend the prayer column of the petition filed for drawing up of final decree pursuant to the order of this Court in Writ Petition No. 75/2007 dated 16th June, 2008 is illegal and consequently, the same is set aside. The Executing Court shall decide FDP No. 8/2006 keeping in mind the order of this Court in W.P. No. 75/2007. Till such time, the extracted ore shall not be lifted by either of the parties.
This Writ Petition is allowed accordingly.