The main legal point established in the judgment is the importance of noticing all necessary parties before passing orders that could affect them and the need for expeditious hearing of property dispute matters.

ORDER :

1. The property in dispute consists of part of Khasra Nos. 96, 97, 98 and 103 and an old dilapidated building standing over the land in village Dhak Patti, Pargana Central Doon, District Dehradun. It appears that dispute as to possession over the said property erupted between Harish Sehgal (referred to as Party No. 1) and Ms. Lata Gupta (referred to as Party No. 2). The local police intervened and proceedings under Section 145 Criminal Procedure Code were initiated before the City Magistrate, Dehradun. The property was attached under Section 146 Criminal Procedure Code and entrusted to the interim custody of a Receiver on 5.12.1998. On 29.10.1999 the learned City Magistrate passed a final order terminating the proceedings. Party No. 2 was declared to be in possession of the disputed property on the date of preliminary order and two months prior to that. The attachment was ordered to be withdrawn with the result that the party no. 2 became entitled to restoration of possession from the Receiver.

2. Raising a grievance that in spite of the order being in favour of Party No. 2 the operative portion of the order was not happily worded in accordance with clause (a) of sub-section (6) of Section 145 of the Criminal Procedure Code and therefore the order was not effective and was vulnerable to defiance, Party No. 2 preferred a revision in the High Court of Allahabad. By order dated 5.11.1999, the High Court directed the following words to be added in the operative part of the order:

“Pratham paksh dwidiya paksh ke kabje me koi vevdhan nahi karega. Jab thak done paksho me koi paksh saksam niyale se apne kabje vse swamitya ke bawath koi adesh nahi prapt karta hai.”

Party No. 1 shall not cause any disturbance in possession of Party No. 2 until one of the two parties has obitained an order of a competent court as to its possession and title.

And further directed that the above portion shall be deemed a part of the order dated 29.10.1999 (passed by the City Magistrate) and disposed of the revision with that observation. However, the High Court passed the abovesaid order upon hearing the learned counsel for the revisionists only and the opposite parties, i.e. the State of U.P. and Harish Sehgal, the party no. 1, were not even noticed.

3. Feeling aggrieved by the High Court's order dated 5.11.1999 and mainly complaining of jurisdictional error on the part of the High Court committed in passing the order without noticing the parties opposite arrayed before it, SLP (Crl.) No. 2256/2000 has been preferred by party no. 1 before this Court.

4. So also, feeling aggrieved by the order dated 29.10.1999 passed by the City Magistrate, Party No. 1 preferred a petition under Section 482 Criminal Procedure Code before the High Court. The High Court entertained the petition and by an interim order dated 27.1.2000 directed the operation of the order dated 29.10.1999 passed by the City Magistrate to remain stayed for a period of three months and also the attachment and interim custody to continue as it was on 27.1.1999. Bi-party hearing commenced before the High Court but as it could not be concluded, on 12.5.2000 the High Court directed the case to remain part- heard, further hearing to continue on 7.7.2000 and the interim order already granted to continue till 15.7.2000. Aggrieved by this order Party No. 2 has filed SLP (Crl) No.....of 2000 before this Court which is barred by time by a delay of 31 days. The grievance of Party No. 2 is that the High Court should not have stayed, much less ex-parte the operation of the City Magistrate's order and even if the hearing was not concluded, the initial ex-parte order of stay the life of which was only three months, should not have been extended further by order dated 12.5.2000. During the course of hearing we are informed at the Bar that the hearing before the High Court has not yet concluded and in the meantime the High Court of Uttaranchal has come into existence followed by transmission of the record of the