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2003 Supreme(SC) 243

DILABAD – Appellant
Versus
RAMESH KUMAR SHARMA – Respondent


ORDER

CA No. 5358 of 1997

1. In a writ petition filed before the High Court for a direction that the Deputy Commissioner should appoint non-hereditary trustees from the Vysya community of Marwadis of Adilabad, a learned Single Judge of the High Court granted the said relief .. On appeal, the Division Bench held the view that the appropriate remedy to be availed of is by recourse to provisions of Section 92 of the Code of Civil Procedure or any other provision pertaining to the Hindu Religious Institutions and Endowments Act, 1987 and not a petition under Article 226 of the Constitution and on that basis dismissed the writ petition by allowing the appeal. We think the view taken by the High Court is perfectly correct and calls for no interference. Therefore, the appeal is dismissed.

CA No. 5357 of 1997

2. The appear is disposed of in terms of the order passed in Civil Appeal No. 5358 of 1997.

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