Sunday 28 January 2024

Court can order for restoration of possession though not under S. 144, but under S. 151 of CPC when the Defendant occupy the suit land during the pendency of suit

 AIR 2006 ANDHRA PRADESH 131 ::2006 (3) All LJ NOC 613 Andhra Pradesh High Court HON'BLE JUDGE(S): C. V. RAMULU , J Specific Relief Act (47 of 1963) , S.38— Civil P.C. (5 of 1908) , S.141, S.151— Suit for bare permanent injunction - Grant of relief of restoration of possession - Validity - Plaintiff was in possession of suit schedule property as on date of filing of suit - Defendant violated interim injunction and forcibly entered into possession of suit property during subsistence of ad interim injunction - Court can order for restoration of possession though not under S. 144, but under S. 151 of CPC - No necessity for plaintiffs to amend plaint seeking restitution or restoration or recovery of possession. (Para 15A 16)


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