MOOKA GOWDER Vs. V HAMSA

JUDGEMENT

(1.) THIS Revision is filed assailing the order made in E.A.No. 4 of 1998 dated 24.6.1998 for restitution of the property, which was given in favour of the petitioner herein pursuant to a petition in E.P.No.54 of 1997.

(2.) TO comprehend the dispute to be resolved in the Revision Petition, it would be necessary to state minimum facts. The petitioner herein filed a suit for specific performance against the respondent herein and the suit was decreed on 18.11.1996. The appeal filed against the decree also ended against the respondent by the order of the appellate Court dated 4.9.1997. Not satisfied with this order passed by the trial Court which was confirmed by the appellate Court, the matter was agitated in Second Appeal No. 1788 of 1997 before this Court. This Court admitted the Second Appeal on 16.12.1997 and granted interim stay of the execution of the decree in favour of the respondent herein. In the meantime, the petitioner herein launched execution petition in E.P.No.54 of 1997 and on that E.P., on 29.12.1997 the delivery of the property has been effected, in spite of the fact, the respondent herein produced the letter written by the learned counsel, who appeared for the respondent before the High Court informing the respondent as to the grant of stay of execution of the decree by this Court on 16.12.1997. Since delivery has been effected, on the strength of interim orders granted by this High Court, the respondent herein filed an application in E.A.No.4 of 1998 for restitution, which petition came to be allowed on 24.6.1998 and the respondent was restored possession of the property.

(3.) SECTION 144 provides as follows: