Law: Civil Procedure Code (V of 1908)

Section: 144

     Civil Procedure Code (V of 1900, O. XLI, r. S read with S. 144-Execution of decree-Decree of trial Court merges into that of final appellate Court-Institution of appeal does not, however, bar execution of decree appealed against-Decree-holder obtaining possession of decreed property in execution of decree but subsequently, pending appeal against original decree, dispossessed there from-Remedy of such decree-holder lies not in fresh execution proceeding with regard to original decree but by way of fresh suits,   Narayanan alias Chetty Ranganathan Chetty and others v. Elayaperumal alias Lakshman Chetty and others A I R 1924 Mad. 400; Shah Tajammul Ali and another v. Mussod Ali and others 5 I C 776; Ghanashyam Das flour Agarwalla v. Fatik Chandra Das A I R 1957 Assam 123 and Sudhindra Chandra Singha Sarma and others v. Ajit Kumar Singha Sarma and others 6 P L R Dacca 803 ref.   Abdul Latif v. Surabala Chowdhurani, Appeal from Appellate Order No. 62 of 1961 (unreported); Maharaja Jagadish Nath Roy. Bahadur v. Nafar Chandra Pramanik and others 35 C W N 12; Thadavaroya Mudali v. Subramania Gurukkal 32 1 C 44 and Tukaram Bajirao v. Tukaram Yeshwant A I R 1927 Nag. 37 fol.   JUDGMENT   ABDULLA, J.-This appeal arises out of a proceeding under section 47, Code of Civil Procedure. The appellants before us are the defendants judgment-debtors. The decree holders opposite- parties obtained a decree for khan possession of Schedules 1 and 2 lands in Title Suit No. 114 of 1952 on 28-3-53. Thereafter the judgment-debtors filed a First Appeal being Title Appeal No. 100 of 1953 in which the decree passed by the trial Court was affirmed on 31-8-56. The decree-holders thereafter brought Title Execution Case No. 34 of 1956. The judgment-debtors, however, obtained a stay order from the Appellate Court till the disposal of the Second Appeal preferred by them in the High Court. The said Second Appeal (S. A. No. 543 of 1957) was dismissed for default. The decree-holders thereupon had the order of stay passed by the appellate Court vacated and proceeded with the Execution Case and took delivery of both Schedules of lands on 15-10-58 by demolishing…