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april 2005

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.

SWAMY ATMANANDA vs SWAMY BODHANANDA . · Niyam