NDLI: Murti Bhawani Mata Mandir Rep. Through Pujari Ganeshi Lal (d) Through Lr. Kailash Vs. Ramesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	When not attracted CPC s.144
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – s.144 – When not attracted – Suit for permanent injunction instituted by one ‘GL’ for restraining respondent nos.1, 2 and one ‘G’ from interfering with the possession of the plaintiff over the land in dispute – Suit dismissed by the trial court – Appeals there against were dismissed – ‘G’ filed application u/s.144, CPC inter alia for restoration of possession of the disputed land – Application dismissed by the executing court – Appeal filed by respondent no.1 – Case remanded back to the executing court – Second appeal filed by the appellant before the High Court, which was dismissed – Plea of the appellant that the plaintiff was not placed in possession by the court under any decree or order which was ultimately reversed on the dismissal of the suit for permanent injunction and hence, s.144 was not attracted – Held: s.144 applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose – In the present case, the interim order of the trial court did not require the defendant to hand over the possession to the plaintiff – There was no decree or order of the trial court by virtue of which the appellant was given possession of the property, nor did any decree or order mandate that the respondent hand over possession to the appellant – In these circumstances, the provisions of s.144 were not attracted there being no variation or reversal of a decree or order, as contemplated by s.144 – Executing Court was justified in declining to entertain the application u/s.144 – Judgment of the High Court set aside. Suit for permanent injunction was instituted by one ‘GL’, claiming as next best friend of the deity situated at Bhawani Mata Mandir, against the respondent nos.1, 2 and one ‘G’. The suit was dismissed by the trial court. Appeals filed there against were dismissed. ‘G’ filed application u/s.144, CPC inter alia for restoration of possession of the disputed land. The application was dismissed by the executing court. Respondent no.1 filed appeal, which was allowed and the case was remanded back to the executing court. The appellant filed second appeal before the High Court, which was dismissed. Hence, the present appeal. Allowing the appeal, the Court
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 61
Petitioner	Murti Bhawani Mata Mandir Rep. Through Pujari Ganeshi Lal (d) Through Lr. Kailash
Respondent	Ramesh & Ors.
SCR	[2019] 2 S.C.R. 529
Judgement Date	2019-01-21
Case Number	880

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

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