KAMLA Vs. SUSHMA RANI AND ANOTHER

JUDGEMENT

(1.) The Revision petitioner Kamla who suffered an order of restitution of possession to the respondents herein have preferred the present Revision.

(2.) The respondents Sushma Rani and Chhavi Kumar preferred an application under Section 144 CPC praying for restoration of possession of the shop in question along with Chobara thereon as per law.

(3.) The respondents herein have contended in their application under Section 144 CPC that they were declared as owners in possession of the disputed shop vide the judgment passed by the Civil Court in civil suit no. 184 of 1992 on 8.5.1993. The challenge to that judgment made by the Revision petitioner herein by filing a separate suit in civil suit no. 595 of 1996 was ultimately dismissed by the First Appellate Court and the Second Appellate Court as per the judgment and decree passed by them on 25.5.2005 and 22.2.2007 respectively. It was further contended by the respondents that during the pendency of the litigation, they were ousted from the disputed shop, though they their belongings were still lying therein. Therefore, the applicants have sought for restoration of possession of the disputed shop from the Revision Petitioner.