Swamy Atmananda Vs. Swami Bodhananda and Ors.
EmailAppeal: Civil Appeal No. 3058 of 2000
(From the Judgment and Order dated 13.10.99 of the Madras High Court in W.P. No. 15089 of 1998)
(From the Judgment and Order dated 13.10.99 of the Madras High Court in W.P. No. 15089 of 1998)
Petitioner: Swamy Atmananda
Respondent: Swami Bodhananda and Ors.
Apeal: Civil Appeal No. 3058 of 2000
(From the Judgment and Order dated 13.10.99 of the Madras High Court in W.P. No. 15089 of 1998)
(From the Judgment and Order dated 13.10.99 of the Madras High Court in W.P. No. 15089 of 1998)
Judges: B.P. SINGH & S.B. SINHA, JJ.
Date of Judgment: Apr 13, 2005
Appearances:
Mr. K. Sukumaran, Mr. K. Ramamoorthy, Mr. L.N. Rao, Senior Advocates, Dr. A. Francis Julian, Mr. Sumit Kumar, Advocates for M/s. Arputham Aruna & Co. Advocates, Mr. M.A. Chinnasamy, Mrs. N. Shobha, Mr. Sriram Thalapathy, Mr. N.K. Arulmuruganandham, Mr. Vikas Mehta, Ms. Indu Malhotra, Ms. Mamata Choudhary, Mr. P. Neduchezian, Mr. C. Paramashivam, Mr. R. Ayyam Perumal, Mr. Sewa Ram, Mr. S. Vallinayagam, Mr. Satya Mitra Garg, Advocates with them for the appearing parties.
Head Note:
PRACTICE AND PROCEDURE
Civil suit for declaration of right of management of educational institutions – Disputes between appellant and respondent with regard to the right to manage certain educational institutions – Decree obtained by appellant – Writ filed by appellant seeking mandamus directing the respondents to give all assistance to the appellant in taking over the management of the institutions – Maintainability. Held writ is not the appropriate remedy and that a decree passed by the civil court must be passed in terms of the provisions of the Code of Civil Procedure. High Court therefore erred in allowing the writ. (Para 2)
Civil suit for declaration of right of management of educational institutions – Disputes between appellant and respondent with regard to the right to manage certain educational institutions – Decree obtained by appellant – Writ filed by appellant seeking mandamus directing the respondents to give all assistance to the appellant in taking over the management of the institutions – Maintainability. Held writ is not the appropriate remedy and that a decree passed by the civil court must be passed in terms of the provisions of the Code of Civil Procedure. High Court therefore erred in allowing the writ. (Para 2)
JUDGEMENT:
S.B. Sinha, J.
1. 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.
2. A decree passed by the civil court must be passed 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.
1. 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.
2. A decree passed by the civil court must be passed 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.
