Swamy Atmananda Vs Swami Bodhananda and Others

Swamy Atmananda vs Swami Bodhananda and Others

Supreme Court Of India · Decided on 13 April 2005 · Citation: AIR 2005 SC 2227 : (2005) AIRSCW 2171 : (2005) 5 ALLMR 535 : (2005) 2 AWC 1355(1) Supp : (2005) 100 CLT 439 : (2005) 3 CTC 143 : (2005) 2 JCR 248 : (2005) 11 JT 379 : (2005) 4 LW 346 : (2005) 99 RD 232 : (2005) 2 RD 232 : (2005) 3 SCC 734 : (2005) 1 SCR 5

HON’BLE JUDGES

S. B. Sinha, J · B. P. Singh, J

RESULT

Allowed

CASE NUMBER

Civil Appeal No. 3058 of 2000

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Judgment

2 paragraphs · 170 words

S.B. Sinha, J.—This appeal is directed against the judgment and order dated 13.10.1999 passed by a Division Bench of the Madras High Court in Writ Petition No. 15089 of 1998 whereby and whereunder the writ petition filed by Swami Bodhananda had been allowed. The said writ petition was filed for issuance of a writ of or in the nature of mandamus directing the Respondents therein to give all assistance to the Appellant in taking over management of the institutions specified therein. The said writ petition was filed having regard to the judgment of the Civil Court.

A decree passed by the Civil Court must be executed in terms of the provisions contained in the Code of Civil Procedure. The writ petition is not the appropriate remedy therefore. In that view of the matter, the impugned judgment cannot be sustained, which is set aside accordingly. The Appeal is allowed. It, however, goes without saying that the First Respondent herein shall be entitled to execute the decree in accordance with law.