IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.943 of 2008 CHANDRA SEKHAR PRASAD YADAV & ANR Versus SMT. MADHURANI SINGH & ORS ----------- 3 21/7/2008 Heard counsel for the petitioners. Without going into merits of this case as to whether this Civil Revision application or an appeal will be maintainable against the impugned order, this court does not find any error in the impugned order, in as much as, the court below has rightly come to the conclusion that when the petitioners were neither judgment-debtor nor decree holders and the order of the court below was not reviewed or set aside by the appellate court or trial court and the delivery of possession was effected in terms of the order of this Court dated 10.1.2008 in C.R. No. 2244 of 2005, there was no question of restitution of the property to the petitioners in exercise of powers under section 144 of the Code of Civil Procedure. It is then submitted by the counsel for the petitioners that as a matter of fact labeling of the petition should not have been the real crux of the matter as the petition which was filed could have been treated under section 151 of the Code of Civil Procedure. In the opinion of this Court, when the petitioner moved in the court below with a clear assertion that he wanted restitution of the property by invoking power under section 144 of the Code of Civil Procedure he cannot be subsequently allowed to turn around to contend that he made an application under section 151 of the C.P.C. This application being devoid of any merit is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar