In Brief
A temple filed a suit for permanent injunction to restrain defendants from interfering with its possession of agricultural land. The suit was dismissed by the trial court and upheld on appeal. Thereafter, the defendant applied for restitution under Section 144 of the Code of Civil Procedure, claiming she had taken possession during the suit's pendency. The executing court dismissed the application, but the appellate court remanded the matter. The Supreme Court held that Section 144 applies only when a decree or order is reversed or varied. Since no court order had granted possession to the plaintiff, the provisions of Section 144 were not attracted, and the application was rightly dismissed.
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