IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMP No. 7763 of 2023 in Civil Revision No. 23 of 2016 Decided on: 21.04.2025 ____________________________________________________ Sanjeev Gupta ……….. petitioner Versus Pawan Sahni and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Sudhir Thakur, Sr. Advocate with Mr. Somesh Sharma, Advocate. For the respondents : Mr. K.D. Sood, Sr. Advocate, with Mr. Het Ram Thakur, 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 & Neelathupara Kummi Seethi Koya Phangal (dead) by LRs vs. Montharapalla Padippua Attakoya, AIR 1994 SC 1591 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 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 restitution is not maintainable and the same is dismissed accordingly. 2. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge April 21, 2025 tarun