In Brief
A plaintiff filed a suit in 1961 claiming possession of temples and shops, alleging they were founded by his ancestors. The trial court dismissed the suit in 1977. Pending appeal, the High Court issued interim orders granting the plaintiff possession. The appeal was eventually dismissed in 2018, but the plaintiff refused to vacate. The High Court ordered him to restore possession using Section 151 CPC. The Supreme Court upheld this order, holding that Section 144 CPC (restitution) did not apply because there was no decree being reversed—only interim orders that ceased when the appeal was dismissed. The Court ruled the High Court had authority to restore possession as a logical consequence of dismissing the appeal and vacating the interim protection.
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