MANNA RANI SINGH Vs. KIRAN PRAKASH

JUDGEMENT

(1.) THE present I.A. application has been filed on behalf of Respondents to direct the restoration of possession of the dwelling house to the Respondents 1 and 2 along with articles which has been thrown out and the possession has been granted to the appellant.

(2.) IT would not be out of place to mention that the final decree has been prepared in favour of the respondents -1 and 2. The said final decree was challenged by preferring the First Appeal before this Court which was numbered as F.A. No. 320/94. The said First Appeal has also been disposed of in favour of respondents 1 and 2 by which final decree has been confirmed and the appeal was dismissed with cost. Though the appellant lad preferred the present L.P.A. against he said judgment in the First Appeal on 25.3.98 but no order has still been passed in the said appeal.

(3.) HOWEVER , it transpires from the present I.A. application that the appellant with the help of the Nazir and Officer Incharge, Budha Colony Police Station, Patna has got the respondents 1 and 2 thrown out from her dwelling house without any authority of law though a D.P. order, after suppressing the material fact that the final decree, has been prepared in favour of the respondents which has been affirmed in first appeal by this Court, has been obtained. The said high -handedness on the part of the appellant cannot be condoned. The appellant herself being the mother -in -law of respondent no. 1 who is a widow and grand -mother of respondent no. 2 was supposed to act under the restraint.