JUDGMENT

S.N. Variava, J.-Leave granted.

2. This appeal is against an Order dated 8th September, 1999. By this Order the High Court has, in exercise of powers under Section 482 of the Criminal Procedure Code, set aside on Order dated 9th June 1999, passed by the sub-divisional Magistrate. The SDM had dropped/discontinued the proceedings under Section 145 of the Criminal Procedure Code.

3. Briefly stated the facts are as follows:

In respect of the property concerned the 1st Respondent had a dispute with Sharda Prasad and Shiv Kumar. The 1st Respondent filed Civil Suit No. 280 of 1990 in the Court of Civil Judge, Gyanpur on 10th October, 1990. It is not denied that this Suit was for declaration of title, possession and for injunction. On 10th October, 1990, itself an application for ad interim Order was made. An Order to maintain status quo, as on that date, was passed by the Court.

4. According to the Appellant, on 10th October 1990 itself the said Sharda Prasad and Shiv Kumar had executed a Sale Deed in favour of Smt. Prem Kali, who was the mother of the Appellant. According to the Appellant possession of the property was delivered to Smt. Prem Kali on the same day. In Suit No. 280 of