Supreme Court · 2005 INSC 206 · Decided 13 April 2005
Swamy Atmananda v. Swami Bodhananda and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 206 · [2005] 3 S.C.R. 578
- Case number
- CIVIL APPEAL No. 3058/2000
- Decided
- 13 April 2005
- Bench
- B.P. SINGH, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 226
Headnote
Constitution of India, 1950-Article 226-Writ of mandamus seeking directions in view of decree passed by the Civil Court-Propriety of-Held: C Decree passed by the Civil Court is to be executed in terms of the provisions of Code of Civil Procedure-Hence, Writ Petition is not the appropriate remedy nature of mandamus directing the Respondents to give all assistance to the D Appellant in taking over management of the institutions specified therein, as per decree passed by Civil Court. The petition was allowed by High Court. Hence the present appeal. Allowing the appeal, the Court E Held :
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