Section 19 in Karnataka Conduct of Government Litigation Rules, 1985
19. Decrees Against the Government.
(1)Where a decree is passed against the Government either for payment of money or for other reliefs and where decision has been taken by the Government, not to prefer an appeal, review or revision it shall be the duty of the concerned Litigation Conducting Officer and the Department to take necessary steps to get necessary amount sanctioned for the purpose and to satisfy the decree without any delay. No scope should be given to the decree holder to execute the decree and attach the properties of the Government and embarrass the Government.Explanatory Note. - It is generally found that execution of decrees for recovery of money is taken by attaching the movables in the office of the Deputy Commissioner, the Head of the Department, of the office or the Chief Secretary. Normally these officers would not be aware of the filing of such an execution petition. Therefore, the Litigation Conducting Officer or the Law Officer shall as soon as he comes to know of the passing of a decree and again about the filing of an execution petition, inform the Deputy Commissioner, the Head of the Department or the Chief Secretary and other officer, if any, from whom the amount is sought to be realised about such petition so that they could make necessary arrangements, well in time for compliance with the execution petition or file objections, if any for the execution of the decree. In the meantime they should move the court and seek for extension of time for satisfying the decree. They should do so even if there is no direction from [the Law Department or the Legal Cell] [Substituted by notification No. LAW 266 LAM 96, Dated: 1.1.1998] or the Administrative Secretariat.(2)(i)After receipt of the notice of the execution, the judgment debtor officer and the Litigation Conducting Officer shall intimate the Department of Law and Parly. Affairs about such execution and instruct the Law Officer about the objections which may have to be taken against the execution of the decree.(ii)Draft objections shall be prepared by the Law Officer and sent to 1[the Legal Cell of the concerned Administrative Department]1. for approval. If there is no time to obtain the orders of [the Legal Cell] the Law Officer may finalise the objections file it into court and seek ratification of the action taken.(iii)The provisions of rules 5 and 6 shall mutatis-mutandis apply to the signature and verification of the objections to the execution petition and the conduct of the case.(iv)If the objections raised by the State against execution of the decree are rejected, the Litigation conducting Officer shall, through the Law Officer obtain the certified copy of the order and send it 1[the Legal Cell of the concerned Administrative Department]1 for necessary further opinion and action.(v)If decision is taken not to prefer any review, appeal or revision on such order, the Litigation Conducting Officer shall expeditiously take necessary steps for compliance of the decree.(3)In the case of a decree for possession of immovable property unless an appeal is filed and stay is obtained, efforts shall be made to see that possession is delivered to the decree holder well in time fixed by the Court. If for any compelling reasons, such delivery is not possible, efforts shall be made to move the court which passed the decree for extension of time for delivery of possession.(4)In the case of a decree for injunction against the State and its officers, which is prohibitory in nature, unless an appeal is filed and operation of such decree is stayed or suspended, scrupulous efforts shall be made to see that such decree is obeyed.(5)In the case of a decree for injunction which is mandatory in nature, it shall be complied with meticulously if decision has been taken not to prefer an appeal, review or revision.Part-IX Criminal Cases
