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october 2008

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.

Vaniyankandy Bhaskaran vs Mooliyil Padinhjarekandy Sheela · Niyam