SWAMY ATMANANDA versus SWAMI BODHANANDA AND ORS.

SWAMY ATMANANDA versus SWAMI BODHANANDA AND ORS.

A decree passed by the Civil Court should be executed as per Code of Civil Procedure; writ petition is not the appropriate remedy.

Parties
Appellant: Swamy Atmananda; Respondent: Swami Bodhananda; Respondent: Others
Jurisdiction
India
Judgment Date
13 April 2005
Procedural Posture
Civil Appeal / Appeal From Judgment and Order in Writ Petition
Outcome
Appeal allowed. Impugned judgment set aside.
Legal Topics
Execution of Civil Decrees, Writ Jurisdiction
Civil Procedure Constitutional Law Execution of Civil Decrees Writ Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Swamy Atmananda

Appellant

Swami Bodhananda

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order in Writ Petition

Legal Issues

  1. 1 Whether a writ of mandamus is an appropriate remedy for execution of a civil court decree

Ratio Decidendi

A decree passed by the Civil Court should be executed as per Code of Civil Procedure; writ petition is not the appropriate remedy.

Court Disposition

Appeal allowed. Impugned judgment set aside.

Orders

  • First Respondent entitled to execute the decree in accordance with law.