BHOLA SINGH Vs. CHAUDHARY SURENDRA NATH SINGH

JUDGEMENT

(1.) THE appellants assail an order allowing the prayer for restitution made by the respondents.

(2.) IT appears from the lower court records that Title suit No. 136 of 1964 was filed by the appellants in the Court of Subordinate Judge, Sasaram against the respondents for declaration of their title to and for recovery of possession over the suit properties. Despite contest it was decreed. Against the decree. First Appeal No. 426 of 1969 was filed in this Court. The appellants put the decree in execution vide Execution case No. 13 of 1969. On 14-3-1970 delivery of possession was also affected in their favour. In the first appeal the respondents filed an application under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act) for passing an order of abatement of the suit as well as the appeal in view of the commencement of consolidation proceedings in regard to the suit lands. This Court on 12-9-1979 held the suit and the appeal, both, as having abated and ordered accordingly. The respondents filed an application under Section 144 of the Code of Civil Procedure on the ground that the suit having abated they are entitled to for restitution of their possession of the lands in suit. Their application was registered as Misc. case No. 3 of 1980, heard and allowed by the impugned order by relying upon a decision of the Division Bench of Allahabad High Court in Lakhpati Singh v. Raghunath Singh and Ors. . Submissions:

(3.) THE learned Counsel appearing on behalf of the respondents in reply, submits that the impugned order has been correctly passed and there is no illegality or impropriety therein which requires to be interfered with in this appeal which is thus liable to be dismissed with costs. Findings: