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Ganesh Parshad vs Adi Hindu Social Service League ... on 23 August, 1974 cites

Binayak Swain vs Ramesh Chandra Panigrahi And Another on 10 December, 1965

27. The decision in Binayak Swain v. Ramesh Chandar is on all fours with the facts of this case. In execution of the ex parte decree, the respondent herein received possession of the suit property from the appellant and that ex parte decree has been reversed and set aside by the appellate court which remanded the matter for fresh disposal. The suit is now pending disposal and has not come to an end. The truth or otherwise of the averments of the respondent and the defences raised by the appellant have to be gone into by the court, and a final decision has to be given thereon. Before a final decision is given after a consideration of the evidence on those points, it is not possible to say that the defences raised by the appellant in that suit are all false or untenable and that, the appellant did not suffer any loss when he was dispossessed of the suit property. Both on the date of execution of the warrant of delivery of possession and also on the date on which he applied for restitution, the appellant had a subsisting interest in the suit property. It is not, therefore, necessary in this case to decide whether or not an applicant, for getting the relief of restitution, should possess interest in praesenti in the suit property. Certainly the appellant in this case is entitled to the restitution of the property which he had lost in execution of the erroneous decree.
Supreme Court of India Cites 6 - Cited by 79 - V Ramaswami - Full Document
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