SANAMPUDU KRISHNA REDDY Vs. PALLAMREDDY KOTA REDDY & OTHERS

JUDGEMENT

(1.) The appellant-plaintiff in O.S. No. 137 of 1966 on the file of the District Munsif's Court at Gudur sought for injunction simplicities as respects a parcel of land and that relief was accorded to him on February 26, 1971 but on appeal, the decree was set aside on July 7, 1973. The respondents (defendants) in the suit lodged E. P. No. 80 of 1977 that the possession of the land particularised in the schedule attached to the execution application was lost by them for the plaintiff under the guise' of "injunction order" dispossessed them by physical force and since the decree of the first court is set aside, the piece of land thus obtained should be restored to him. The Executing Court on July 6, 1978 and the first appellate Court on October 2.7.1978 ordered the restitution of the land. Hence the Civil Miscellaneous Second Appeal.

(2.) The learned Counsel for the appellant submits that the application of Section 144 of the Code of Civil Procedure on the facts of the case is not at racted and the execution application is not maintainable The appellate Court relied on the ratio of the case in Ganesh Prasad v. Adi Hindu Social Service League, A.I.R. 1975 A. P. 310 to support the maintainability of the execution application.

(3.) In Periyasamy Thevan v. Karuthjah Thevan, A.I.R. 1918 Madras 1293- it is observed: