Full Judgment Text
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CASE NO.:
Appeal (civil) 3058 of 2000
PETITIONER:
Swamy Atmananda
RESPONDENT:
Swami Bodhananda and Ors.
DATE OF JUDGMENT: 13/04/2005
BENCH:
B.P. Singh & S.B. Sinha
JUDGMENT:
JUDGMENT
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 therefor. 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.