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april 2005

Supreme Court of India · 2005-04-13

Swamy Atmananda vs Swami Bodhananda And Ors

Citation / case number
AIR 2005 SUPREME COURT 2227
Court
Supreme Court of India
Petitioner
Swamy Atmananda
Respondent
Swami Bodhananda And Ors
Author
S.B. Sinha
Bench
B.P. Singh, S.B. Sinha

Judgment text excerpt

The Supreme Court held that a writ petition under Article 226 is not the appropriate remedy for executing a decree passed by a Civil Court, as such execution must follow the procedures outlined in the Code of Civil Procedure. The Court set aside the Madras High Court's judgment allowing the writ petition filed by Swami Bodhananda, emphasizing that the decree should be executed in accordance with the law. The appeal was allowed, reaffirming the proper legal channels for decree execution.

Swamy Atmananda vs Swami Bodhananda And Ors · Niyam