Supreme Court of India
Murti Bhawani Mata Mandir Rep. through Pujari Ganeshi Lal (d) through Lr. Kailash v. Ramesh & Ors.
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What the Court ordered
Accordingly, we allow the appeal and set aside the judgment of the High Court dated 3 December 2004.
Judgment, page 6
From the headnote
Code of Civil Pr ocedure, 1908 – s.144 – When not attracted – Suit for permanent injunction instituted by one ‘GL ’ for restraining respondent nos.1, 2 and one ‘ ’ from interfering with the possession of the plaintiff over the land in dispute – Suit dismissed by the trial court – Appeals ther eagainst wer e dismissed – ‘ ’ filed application u/s.144, CPC inter alia for r estoration of possession of the disputed land – Application dismissed by the executing court – Appeal filed by respondent no.1 – Case r emanded back to the executing cour t – Second appeal filed by the appellant befor e the
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