Mahesh Dube vs Shivbodh Dube

The Supreme Court held that under Section 456 of the Cr.P.C., a court may restore possession of immovable property to a person forcibly dispossessed, provided the application is made within one month of conviction. In this case, the Trial Court's order for restoration of possession to Prayag Prasad Dube was valid as it was issued during the conviction of the respondents for trespass under Section 448 IPC. The appeal was dismissed as the application for restoration was filed beyond the permissible period, affirming the lower court's decision.