The respondent plaintiff filed a suit O.S. No.
The Division Bench held that transferee executing companyrt is number the Court of first instance and accordingly set aside the order of the companyrts below and dismissed the Petition filed under Section 144 C.P.C. for restitution.
After the proceedings terminated in his favour, the appellant filed an application under Section 144 C.P.C. for restitution in the Court of the District Munsif at Androth to which the decree for execution was transmitted and possession was delivered in execution.
Thus this appeal.
The suit thereafter was dismissed by the appellate companyrt on May 1, 1970 and was companyfirmed by the High Court on November 3, 1971.
This appeal by special leave arises out of the Judgment and decree in S.A. No.
1 in favour of his wife and children on July 27, 1960 was null and void.
The suit was transferred to the Administrators Court Subordinate Judge , which was ultimately decreed on April 4, 1965.
147/73, Kerala High Court, dated April 1,1977 reported in 1977 Ker LT 570 AIR 1977 NOC 339.
6/62 for declaration that the gift deed executed by Muthukoya Thangal, defendant No.
