1980 Supreme(AP) 38

Andhra Pradesh High Court
Judges : RAGHUVIR
S. Krishna Reddy - Appellant
Versus
P. Kota Reddy - Respondent
CMSA 36/78
Decided On : 02-19-80
.

Headnote:Civil Procedure Code, Section 144—Plaintiff dispossession defendant by virtue of an injunction decree—Decree set aside by appellate Court—Execution petition filed by defendant for restoration of possession—Not maintainable—Remedy of defendant is to file a separate suit under Section 144 for restitution

       Held: As a rule and rule of practice in India, restitution is ordered on the principle that acts of the Court should not injure any of the suitors In the instant case it is not as a result through the process of Court that possession was lost Therefore, the only remedy is that the respondents should have recourse to a suit and not by an application under section 144 of the Code of Civil Procedure in execution