Law: Civil Procedure Code (V of 1908)

Section: 151, O. XXI, r. 35 (2)

Civil Procedure Code (V of 1908)  S. 151 and O. XXI, r. 35 (2)-Respondents securing decree for joint possession of property as co-sharers-Warrant for joint possession of property issued by Court in proceedings for execu tion of decree-Executing agency, held could, not put respondents in actual possession of such property by breaking open locks of shop in dispute--Appeal against such order being filed and stay order being issued, Court of first instance, held further, bound in exercise: of its inherent powers to redress wrong done and to restore possession of shop to petitioner.                                                                                                                                     ORDER This revision arises out of an application under section 151-C. P. C, lodged by the petitioner in the Court of Additional Sub Judge, Muzaffara bad which was dismissed by that Court on 9th February, 1977. The facts of the case briefly are that a suit for possession of the pro perty in dispute was instituted by the respondents in the Court of Addi tional Sub-Judge, Muzaffarabad which was disposed of in accordance with law. Against the decision of the Additional Sub-Judge both the parties went up in appeal to the High Court where the appeal of the peti tioner was dismissed and that of the respondents was partly accepted and a decree for the joint possession of the property in question was passed accordingly. It was in the execution proceedings of that decree that instead of symbolic possession of the property in dispute in pursuance of the decree passed by the High Court in favour of the respondents, the actual posses sion was delivered to the latter contrary to the provisions of law contained in order XXI ; rule 35 (2), C. P. C. Thus the application for restitution of the property m dispute was made to the Court concerned…