State Bank of India v. Mela Ram(SC)
BS143369
SUPREME COURT OF INDIA
Before:- Tarun Chatterjee and Harjit Singh Bedi, JJ.
Civil Appeal No. 7520 of 2001. D/d.
27.2.2008.
State Bank of India - Appellants
Versus
Mela Ram and Ors. - Respondents
For the Appellant :- Anil Kumar Sangal, Ms. Nalin Sangal and Deba Prasad Mohanty, Advocates.
For the Respondent :- Gaurav Jain and Ms. Abha Jain, Advocates.
Constitution of India, Article 136 - Discretionary powers - Exercise of - Decree passed in favour of appellant was already satisfied - Execution case already disposed of - Exercise of discretionary powers under Article 136 refused.
[Para 2]
JUDGMENT
1. Heard learned counsel for the parties.
2. In our view, in the facts and circumstances of the present case, 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. Accordingly this appeal is dismissed. There will be no order as to costs.
Appeal dismissed.