Civil Procedure Code, 1908, Section 144 -- Restitution - Maintainable before the execution Court - Held, a restitution petition u/s 144 CPC is maintainable from an order passed by execution court resulting in delivery of controversial property from possession of judgment debtor to decree holders...........
Civil Procedure Code, 1908, Section 115, 144 -- Revision - Order passed in restitution petition u/s 144 CPC - Is a decree - Order is appealable - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Jurisdiction to order restitution is inherent in every Court - It will be exercised whenever justice demands and case strictly falls within ambit of S.144 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 144 -- Simple suit for partition - Witnesses have stated that plaintiff was in possession - There is neither any pleading of ouster nor there is any evidence in support of the ouster - Held, right to sue for partition is recurring right - No limitation is applicable nor cause of action will cease..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Order for restoration of possession not to be passed after setting aside ex parte decree without an application by defendant u/s 144 CPC and that too without opportunity to the decree holder in possession to oppose...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Restitution - Ex parte eviction order - Civil Court as the Executing Court delivered possession in execution of ex parte eviction order - Application U.O.9.R.13 CPC at the instance of tenant allowed and ex parte eviction order set aside - Restitution application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Ex parte eviction order - Possession delivered in execution - Landlord inducted another tenant - Ex parte eviction order set aside - Restitution - Restitution can be ordered as third party inducted as tenant derives his possession as tenant from the landlord who..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken on basis of ex parte injunction order - Suit withdrawn subsequently - Plaintiff is liable to restore possession to defendant in view of S.144 CPC...........
Civil Procedure Code, 1908, Section 144 -- Restitution - If no relief is granted under the final order, a party is liable to return the benefit obtained under the interim order to the other party...........
Criminal Procedure Code, 1973, Section 145, 146, 107& 144 -- Civil court deciding question of possession in favour of petitioner - Petitioner initiating proceedings u/ss 145 and 146 Cr.P.C. - Magistrate attached property u/s 146 of the Code - Held, once a dispute regarding possession has been resolved by civil court, dispute pertaining to possession within the meaning of..........
