Supreme Court of India
Bhikchand S/o Dhondiram Mutha (deceased) through Lrs. v. Shamabai Dhanraj Gugale (deceased) through Lrs.
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From the headnote
Issue for Consideration Whether the present is a fit and suitable case for exercising power under Section 144, Code of Civil Procedure, 1908 directing restitution in favour of the appellant-judgment debtor by placing the parties in the position which they would have occupied before the execution. Headnotes† Code of Civil Procedure, 1908 – s.144 – Application for restitution – Decree passed by the Trial Court was varied by the appeal court by reducing the decretal amount of Rs.27694/- to Rs.17120/- –However, in the meantime, the plaintiff-decree holder executed the decree and the properties of
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