Lastly, Mr. Lad pointed out that while setting aside the ex parte decree the appellate Court had directed the Petitioner to restore possession of the suit premises to the Respondent on or before 30th June 2001. In my view, such a direction could not have been issued by the appellate Court. After the ex parte decree was set aside, the proper remedy for the Petitioner is to make an application for restitution under Section 144 of the Code. The order for restoration of possession, which is in the nature of restitution, could not have been passed without an application under Section 144 of the Code and that too without an opportunity to the Petitioner to oppose.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 3228 of 2001
Decided On: 07.06.2011
Devayani Yeshwant Shivkar Vs. Bhaskar Chavan
Hon'ble Judges/Coram:
D.G. Karnik, J.
Citation: 2011(4) MhLJ 868
