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1993 Supreme(SC) 21

P.B.SAWANT, R.M.SAHAI
Dharampal – Appellant
Versus
Ramshri – Respondent


JUDGMENT

SAWANT, J.:—The admitted facts in the present case are as follows. The suit property consists of house No. 336 of village Khonda, District Mathura. The dispute with regard to the possession of the property arose between the appellants and the respondent-Ramshri. She filed an application under Section 145 of Criminal Procedure Code [Code] before the Sub-Divisional Magistrate, Sadabad in which she claimed ownership of the suit property. On 31st May, 1976, the learned Magistrate passed a preliminary order under Section 145 of the Code and thereafter on 22nd April, 1977 made an order of attachment under Section 146 directing that the attachment would continue till the competent Civil Court determined the rights of the parties with regard to the said property. Against this order, a Revision being Cr. Revision No. 27 / 1977 was filed by the Appellants before the Sessions Judge who by his interim order dated 23rd April, 1977 stayed operation of the learned Magistrates order. However, before the interim stay order could be communicated, the attachment had already been effected. The learned Sessions Judge, therefore, again, by another interim order dated 26th April, 1977 directed t





















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