VAIDEHI KUAR Vs. BANSHU

JUDGEMENT

(1.) THIS is an execution second appeal arising out of an application filed by the appellant under Section 144, C.P.C. praying for restitution by way of redelivery of possession to the applicant over a piece of land. The application has been rejected by both the courts below and hence this second appeal.

(2.) THE relevant facts are these. A suit was filed by the predecessor-in-interest of the plaintiff- respondents against the defendant-appellant in respect of the piece of land which is the subject-matter of this second appeal. THE suit was for following reliefs :- (a) A decree for possession over the land in dispute. (b) A permanent injunction asking the defendants not to remain in possession over the land in dispute or from taking earth from the same. (c) A mandatory injunction directing the defendants to fill up the pits which they have dug over the land in dispute.