JUDGMENT

UNTWALIA, J.:—This is an appeal by special leave arising out of a proceeding under S. 145 of the Code of Criminal Procedure, 1973 - hereinafter called the Code, initiated at the instance of respondent No. 1 (for brevity, hereinafter the respondent). The said respondent filed an application on the 29th July, 1975 against appellants 1 and 2 before the Magistrate alleging that there is a Hotel known as Suresh Maharashtra Tea & Cold Drinks & Eating House on the disputed land which was owned by and in occupation of the respondent. The appellants forcibly dispossessed him from the Hotel on the 5th July, 1975. The application under S. 145 was filed initially against appellants 1 and 2. But at the instance of appellant number 3 he was also subsequently joined as a party to the proceeding.

2. The Magistrate passed a preliminary order under S. 145 (1) of the Code on the 29th July, 1975 asking the parties to appear before him and put in their written statement. On the same date, however, he attached the disputed property under S. 146 (1) of the Code. The appellants put in their written statements on the 2nd August, 1975. There after the case was heard by the Magistrate from time to t