Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Jyoti – Appellant
Versus
Darshana Rani (Now Deceased) Through Lrs – Respondent
| Table of Content |
|---|
| 1. the petitioner claims ownership and possession of property based on a will. (Para 2 , 3 , 5) |
| 2. the application under section 144 cpc's basis is evaluated against the suit dismissal. (Para 4 , 7 , 11) |
| 3. court discusses legal principles for possession restoration under section 144. (Para 9 , 10 , 12) |
| 4. the judgment addresses the lack of merit in the petition leading to its dismissal. (Para 14 , 15) |
JUDGMENT :
Vikram Aggarwal, J.
The present petition has been preferred under Article 227 of the Constitution of India assailing the order dated 03.02.2025 passed by the Court of learned Civil Judge (Junior Division), Jalandhar vide which the application under Section 144 of the Code of Civil Procedure , 1908 (for short 'CPC') for restitution of possession was allowed.
2. The facts, as emanating from the revision petition, are that the petitioner/plaintiff (Jyoti) filed a civil suit against the respondents/defendants for declaration to the effect that she was the owner of house bearing No.481 situated at Gandhi Camp, Jalandhar (hereinafter referred to as the 'suit property') on the basis of a Will dated 27.01.2000 executed by one Late Sh. Mangal Dass in favour of the petiti
Possession can be restored under Section 144 CPC even if the main suit's title question remains unresolved.
The court established that inherent powers under Section 151 of the CPC can be exercised to restore possession when parties have been wrongfully dispossessed, irrespective of the formal dismissal of ....
An order passed under Section 144 of CPC is a decree and therefore an appeal lies against it under Section 96 of CPC. A revision petition under Article 227 of the Constitution of India is not maintai....
Section 144 CPC applies to interlocutory orders, allowing restitution of possession based on established prima facie title.
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
