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Supreme Court of India 2019-01-21 allowed

Murti Bhawani Mata Mandir Rep. Through Pujari Ganeshi Lal (D) Through Lr Kailash vs Ramesh & Ors

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

A deity's next friend sued for an injunction against interference with the temple's agricultural land. The trial court dismissed the suit for failure to prove possession. After dismissal, the defendant applied under Section 144 CPC for restoration of possession and mesne profits, claiming the plaintiff had taken possession during the interim order stage. The Court held that Section 144 requires a varied or reversed decree or order; here, no decree granted or mandated possession transfer, so Section 144 was inapplicable. The appeal was allowed and the restitution application dismissed.

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Civil Procedure Restitution Injunction Property Dispute

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