Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1388 (ALL)

Jai Prakash Gaur v. Budha Devi

2016-04-13

RAM SURAT RAM (MAURYA)

body2016
JUDGMENT Ram Surat Ram (Maurya),J. Heard Sri Anand Kumar Upadhyay holding brief of Sri Rajeev Mishra for the petitioners. 2. This petition has been filed for setting aside the order dated 15.2.2014 passed by Executing Court and order dated 19.5.2015 passed by revisional court. By the impugned orders the application of the petitioner under Section 144 CPC has been rejected and revision filed by the petitioner has also been dismissed. 3. The petitioners filed an application under Section 144 CPC only on the ground that against the order of High Court dated 22.4.2013 Special Leave Petition (Civil) CC No. 15726 of 2013 (Jai Prakash s. Smt. Buddha Devi) has been filed before Supreme Court in which the Supreme Court has granted interim order dated 13.9.2013 as such the possession which was delivered after the order of High Court dated 22.4.2013 over the property in dispute be restored to the petitioners. The application has been dismissed by executing court and revision has also been dismissed. 4. Section 144 CPC provides as follows: 144. Application for restitution.- (1) Where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified ii any suit instituted for the purpose, the court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified and, for this purpose, the court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are property consequential on such variation; reversal, setting aside or modification of the decree of the decree or order. The interim order granted does not amount to order of setting aside the order of High Court as held by Supreme Court in Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association, Madras AIR 1992 SC 1439 . Thus the application under Section 144 CPC is not maintainable and has been rightly rejected. No interference is required by this Court. Petition is dismissed.