R. BAYAPU REDDY, J.

( 1 ) THIS revision is filed by the petitioner in EA 638/88 in O. S. 364/82 on the file of the I Additional Munsif Magistrate, Guntur questioning the impugned orders dated 3-7-1989 dismissing the said petition which was filed under sees. 144 and 151 C. P. C. seeking restitution of the suit property.

( 2 ) THE respondent herein, who is the plaintiff in O. S. 364/82, had filed the said suit contending that the lease granted under a registered deed in his favour by the defendant is an usufructuary mortgage and therefore, he is entitled for redemption of mortgage and for recovery of possession and profits. During the pendency of the suit, plaintiff filed LA. 1575 /83 for temporary injunction against the defendant pending disposal of the suit and the said petition was allowed granting such interim injunction. The defendant filed appeal against that order and the said appeal was dismissed. Subsequently, the suit was tried by the trial Court and it was dismissed. Thereupon, the plaintiff filed a. S. 146/86 and the said first appeal also was dismissed. Thereupon, the plaintiff filed S. A. 779/87 in the High Court. After the disposal of a. S. 146/86, the defendant filed E

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