SWAMI NARENDRA BRAHMACHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present intra-court appeal is directed against the order dated 12.8.2009 passed by the learned Single Judge in CWJC No. 9647 of 2009.

(2.) Shorn of unnecessary details, the facts which are imperative to be stated for adjudication of this appeal arc that the appellant invoked the extraordina jurisdiction of this Court under Article 226 of the Constitution of India for quashment of the order dated 22.5.2008 passed by the learned Additional District Judge in Execution Case No. 1 of 2000.

(3.) The learned Single Judge noted that a long dispute had been going on between the parties concerned which was initiated by way of Title Suit No. 22/1966/ 73 which was instituted by one Chandramani Das. The suit in question finally came to be decreed and, for execution of the said decree, Execution Case No. 1 of 2000 was levied before the executing court. As is evident the petitioner was dispossessed from the property in question on the basis of the decree. It was canvassed before the learned Single Judge that after substitution of Section 43 by Act No. 1 of 2007 in the Bihar Hindu Religious Trust Act, 1950, the civil court has no jurisdiction to pass any order in the execution proceeding. On behalf of the writ petitioner, two authorities, namely, Venkataraman & Co. V/s. State of Madras, 1966 AIR(SC) 1089 and Dhulabhai V/s. State of Madhya Pradesh, 1969 AIR(SC) 78 were pressed into service.