Supreme Court · 2024 INSC 411 · Decided 14 May 2024

Bhikchand S/O Dhondiram Mutha (Deceased) Through LRS. v. Shamabai Dhanraj Gugale (Deceased) Through LRS.

Court
Supreme Court of India
Citation
2024 INSC 411 · [2024] 6 S.C.R. 624
Case number
CIVIL APPEAL No. 5026/2023
Decided
14 May 2024
Bench
HRISHIKESH ROY, PRASHANT KUMAR MISHRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 144, 66

Headnote

Whether the present is a fit and suitable case for exercising power under Section 144, Code of Civil Procedure, 1908 directing restitution in favour of the appellant-judgment debtor by placing the parties in would have occupied before the execution. Code of Civil Procedure, 1908 - s.144 - Application for restitution - Decree passed by the Trial Court was varied by the appeal court by reducing the decretal amount of Rs.27694/- to Rs.17120/- -However, in the

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