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1998 Supreme(Kar) 365
Karnataka High Court
bhimshen rao - Appellant
Versus
ambarao - Respondent
Decided On : 07-02-98
C.R.P. : 3633 of 1995
Manikappa Patil, R.V.Nayak
Section 36 of the Civil Procedure Code allows for the execution of interim orders in the same manner as decrees.
Headnote:
Execution of Interim Order - Civil Procedure Code - Section 36 provides that even an interim order can be executed in the same way as a decree.
Fact of the Case:
The petitioner, as the judgment debtor, failed to obey an interim order in favor of the respondent-plaintiff during the pendency of a suit for injunction.
Finding of the Court:
The court found that the execution petition was maintainable based on the provision of Section 36 of the Civil Procedure Code, which allows for the execution of interim orders in the same manner as decrees.
Issues: The issue was whether an interim order could be executed in the same way as a decree, and whether the execution petition was maintainable.
Ratio Decidendi: The court relied on Section 36 of the Civil Procedure Code, which clearly indicates that even an interim order can be executed in the same way as a decree, leading to the finding that the execution petition was maintainable.
Final Decision: The civil revision petition was dismissed, and no order as to costs was made.
( 1 ) the petitioner is the judgment debtor. the respondent is the plaintiff. the respondent-plaintiff filed a suit for injunction. during the pendency of the suit there was an interim order in favour of the respondent, that was not obeyed by the petitioner. pursuant to it, he sought to execute the order. the learned counsel for the respondent relied on section 36, civil procedure code which reads as follows: "36. the provision of this code relating to the execution of decrees (including provisions relating to payment under a decree) shall so far as they are applicable, be deemed to apply to the execution of orders (including payment under as order)".
( 2 ) section 36 clearly indicates that even an interim order can be executed in the same way as a decree. on the basis of that the execution petition was held as maintainable. aggrieved by that the petitioner preferred the civil revision petition.
( 3 ) it was submitted by the learned counsel for the respondent that awell considered order has been passed by the executing court that when a person disobeys the interim order during the pendency of the suit, it is always open to either move the court for contempt or to execute the interim order passed by the court. in that view of the matter, no interference is called for. the civil revision petition is dismissed. no order as to costs.
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