Case Law Analysis
|Andhra Pradesh High Court
Section 144 CPC | Restitution of Possession Mandatory After Ex Parte Decree Set Aside : AP HC Remands for Compliance
The Andhra Pradesh High Court ruled that restitution under Section 144 CPC is not discretionary but mandatory when possession is taken pursuant to an ex parte decree later set aside. The court directed fresh orders after examining execution records, reinforcing that parties must be restored to their original position without delay.