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 The attachment was ordered to be withdrawn with the result that the party no. 2 became entitled to restoration of possession from the Receiver.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