VidhiSangh

Supreme Court of India · 21/01/2019

MURTI BHAWANI MATA MANDIR REP. THROUGH PUJARI GANESHI LAL (D) THROUGH LR. KAILASH versus RAMESH & ORS.

[2019] 2 S.C.R. 529 · 2019 INSC 61

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Summary

After dismissal of a deity’s injunction suit for failure to prove possession, the defendant sought restoration of possession and mesne profits under Section 144 CPC. No decree or interim order had put the plaintiff into possession or required the defendant to hand it over. The statutory basis for restitution was therefore absent. The Court restored dismissal of the restitution application without deciding any independent remedy the defendant might have.

Issues

  1. Whether dismissal of an injunction suit justified restitution when no court order had conferred or transferred possession.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and respondent’s restitution application before the executing court dismissed. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 529.