1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP No.16179 of 2023 in Civil Revision No.21 of 2016 Date of Decision : 08.04.2025 Ravi Kumar alias Bachana …… Petitioner Versus Pawan Sahni and others ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate. For the respondents : Mr. K.D. Sood, Senior Advocate with Mr. N.K. Bhalla, Advocate. Bipin Chander Negi, Judge (oral) In terms of law laid down by the Apex Court in State Bank of Saurashtra vs. Chitranjan Rangnath Raja and Anr., AIR 1980 SC 1528 and on a bare reading of Section 144 of the Civil Procedure Code, it is evident that where a decree or an order of a Trial Court has been set aside in an appeal or revision, it is only the Court of first instance, which has been given a power to order restitution. In view thereof, present petition seeking restitution is not maintainable and the same is dismissed accordingly. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) April 08, 2025 (KS) Judge