Supreme Court of India · 2005-04-13
SWAMY ATMANANDA vs SWAMY BODHANANDA .
- Citation / case number
- SC 1999/18642
- Court
- Supreme Court of India
- Petitioner
- SWAMY ATMANANDA
- Respondent
- SWAMY BODHANANDA .
- Author
- S.B. SINHA
- Bench
- S.B. SINHA B.P. SINGH
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 provisions of the Code of Civil Procedure. The Court set aside the Madras High Court's judgment allowing the writ petition filed by Swami Bodhananda, thereby allowing the appeal. The Court clarified that the First Respondent is entitled to execute the decree in accordance with law.