Supreme Court of India · 2008-10-14
Vaniyankandy Bhaskaran vs Mooliyil Padinhjarekandy Sheela
- Citation / case number
- AIR 2009 SUPREME COURT 250
- Court
- Supreme Court of India
- Petitioner
- Vaniyankandy Bhaskaran
- Respondent
- Mooliyil Padinhjarekandy Sheela
- Author
- Altamas Kabir
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court interpreted Rule 104 of Order 21 of the Code of Civil Procedure, emphasizing that it must be read in conjunction with Rule 101. The Court held that the execution of a decree must adhere to the principles of natural justice and that the rights of the parties must be respected during execution proceedings. The appeal was allowed, and the execution proceedings were set aside, reinforcing the importance of proper legal procedure in eviction matters.