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Judgment
I.A. No. 7744/98
The present I.A. application has been filed on behalf of Respondents to direct the restoration of possession of the dwelling house to the Respondents 1 and 2 along with articles which has been thrown out and the possession has been granted to the Appellant.
It would not be out of place to mention that the final decree has been prepared In favour of the Respondents-1 and 2. The said final decree was challenged by preferring the First Appeal before this Court which was numbered as F.A. No. 320/94. The said First Appeal has also been disposed of in favour of Respondents 1 and 2 by which final decree has been confirmed and the appeal was dismissed with cost. Though the Appellant had preferred the present L.P.A. against the said judgment in the First Appeal on 25.3.98 but no order has still been passed in the said appeal.
However, it transpires (sic)om the present I.A. application that the Appellant with the help of the Nazir and Officer Incharge, Budha Colony Police Station, Patna has got the Respondents 1 and 2 thrown out from her dwelling house without any authority of law though a D.P. order, after suppressing the material fact that the final decree has been prepared in favour of the Respondents which has been affirmed in first appeal by this Court, has been obtained. The said high-handedne''ss on the part of the Appellant cannot be condoned. The Appellant herself being the mother-in-law of Respondent No. 1 who is a widow and grand-mother of Respondent No. 2 was supposed to act under the restraint.
Learned Counsel appearing for the Appellant also states that in view of order passed in the final decree and the first appeal without any order in the L.PA., such D.P. could not have been issued and he has no objection if an interim order restraining the appellent is passed by this Court.
In the facts of the case, we direct the District Magistrate, Patna and the Senior Superintendent of Police, Patna to hand over the possession of the building in question to the Respondents 1 and 2 forthwith along with her articles which is said to have been thrown out from her house and a compliance report of the same should be sent to this Court by Monday i.e. 20.7.98.
Copies of order be supplied to learned Counsel for the Appellant, Respondents 1 and 2 and Mr. G.P. Roy, A.A.G. 3 for its communication and earlier compliance, after paying necessary cost.
I.A. No. 7744/98 stands disposed of.