MANA @ ASHOK AND OTHERS Vs. BUDABAI AND OTHERS

JUDGEMENT

(1.) This Civil Revision under section 115 CPC is directed against the the order dated 19/05/2017 passed by Additional District Judge, West Nimar Camp Bhikangaon in Civil Misc. Appeal No.18/2016 confirming the order dated 08/09/2016 passed by Civil Judge, Class-I, Bhikangaon in Civil Case No.2/16 (Raju Vs. Budabai and others) allowing the application under section 144 CPC.

(2.) Facts relevant and necessary for disposal of this revision petition in nutshell are to the effect that a suit for declaration, recovery of possession and mesne profits was decreed on 04/08/1981 in relation to an agricultural land admeasuring 5.57 acres falling in khasra No.20/1 and 20/2 situated in village Awaliya, Tahsil Bhaikangaon (For short, 'the suit land'). An appeal arising therefrom was allowed on 10/10/1984 setting aside the judgment and decree passed by the trial Court with an order of remand for fresh trial. Being aggrieved thereby, the applicants/plaintiffs have filed Miscellaneous Appeal No.302 of 1984 and the same was dismissed by this Court vide order dated 01/03/1995 upholding the order passed by the appellate Court dated 10/10/1984. During this period, the possession of the suit land was delivered to the plaintiffs and defendant No.1 through execution proceedings.

(3.) In the backdrop of the aforesaid facts and circumstances of the case, the non-applicants/defendants have filed an application under section 144 CPC on 01/05/1997 for restitution of possession and mesne profits before the trial Court. The application was contested. However, the trial Court by its order dated 08/09/2016 allowed the application directing restitution of possession in favour of the non-applicants/defendants and to pay mesne profits at the rate of 2,00,000/- in eight equal installments within three months, delivery of possession and mesne profits at the rate of Rs.10,000/- per year till delivery of possession.