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.