Supreme Court Dismisses Appeal Due to Satisfaction of Decree. Appeal dismissed as the decree in favor of the appellant was satisfied and the execution case disposed of under Article 136 of the Constitution.

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Case Note & Summary

The case involved an appeal by the State Bank of India against Mela Ram and others. The Supreme Court heard the arguments presented by the learned counsel for both parties. Upon reviewing the facts and circumstances of the case, the Court determined that the decree in favor of the appellant had already been satisfied, and the execution case had been disposed of. Consequently, the Court was not inclined to exercise its power under Article 136 of the Constitution of India. The appeal was dismissed, and the Court ordered that there would be no costs associated with this dismissal.

Headnote

A) Constitutional Law - Article 136 - Exercise of Jurisdiction - Supreme Court declined to exercise its jurisdiction under Article 136 as the decree in favor of the appellant had been satisfied and the execution case disposed of - Held that the appeal was dismissed without costs (Paras Not mentioned).

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Issue of Consideration

Whether the Supreme Court should exercise its power under Article 136 of the Constitution of India in the present case.

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Final Decision

The Supreme Court dismissed the appeal, concluding that the decree in favor of the appellant had been satisfied and the execution case disposed of.

Law Points

  • Article 136 of the Constitution of India
  • satisfaction of decree
  • execution case disposal
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Case Details

2008 LawText (SC) (02) 256

CIVIL APPEAL NO.7520 OF 2001

2008-02-27

TARUN CHATTERJEE, HARJIT SINGH BEDI

STATE BANK OF INDIA

MELA RAM & ORS.

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Nature of Litigation

Civil appeal regarding satisfaction of a decree.

Remedy Sought

State Bank of India sought to appeal against the decision.

Issues

Whether the Supreme Court should exercise its power under Article 136 in this case.

Submissions/Arguments

The appellant argued for the exercise of jurisdiction under Article 136. The respondents contended that the decree had been satisfied.

Ratio Decidendi

The Supreme Court held that it would not exercise its jurisdiction under Article 136 when the decree had been satisfied and the execution case was disposed of.

Judgment Excerpts

We are not inclined to exercise our power under Article 136 of the Constitution of India because we find from the record that the decree passed in favour of the appellant has already been satisfied and the execution case has already been disposed of.

Procedural History

The appeal was filed by the State Bank of India and was heard by the Supreme Court.

Acts & Sections

  • Constitution of India: Article 136
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