Kashmiri Lal Bhutani vs Arvind Kumar Adukia on 12 February, 2015
7. So far as the order which was passed by the learned trial court on
7.5.2013 directing restitution of possession to the respondent is
concerned, that was also taken by way of an appeal being R.C.A.
No.26/2014 before the first appellate court. The appellate court after
examining the entire matter, passed a detailed order on 22.3.2014
upholding the order of restitution passed by the trial court by observing
that in case possession of the suit premises is not restored to the
respondent then conducting of trial in respect of his suit for possession
R.S.A. No.223/2014 Page 5 of 9
become meaningless because the possession of the suit premises has not
only been retrieved by the appellant, but also continues to be with him.
While holding so, the learned first appellate court referred to the
judgments of the Supreme Court in Binayak Swain vs. Ramesh Chand
Panigarahi; AIR 1966 SC 948 and Mohan Lal Khemka vs. Harihar
Prasad & Ors; 1 (1997) CLT 367 to support his reasoning.