Basamma W/O Late Basappa M.D v. Talakal Mallappa S/O Siddappa
Case brief
What is this about?
The court allowed a writ petition under Articles 226 and 227 of the Constitution praying for mandamus directing the executing Court to consider an application under Order 1 Rule 10 CPC before executing a Commissioner Warrant, passing necessary orders and staying the warrant's operation.
What did the court decide?
The writ petition is allowed. The executing Court is directed to consider the application under Order 1 Rule 10 CPC. The operation of the commissioner warrant order dated 30.09.2021 is stayed.