JUDGMENT :

U Durga Prasad Rao, J.

The challenge in this Criminal Petition, at the instance of 1st petitioner/A-party, is to the order, dated 24.11.2012 passed under Section 145 of Cr.P.C by learned Executive Magistrate, Mydukur, YSR Kadapa District in M.C.No.33 of 2011 holding that the respondents/B-party were in possession of the schedule land of Ac.2.30 cents in S.No.326 in Ganjikunta Village and they were entitled to be in possession until evicted therefrom in due course of law and forbidding all disturbance of such possession until such eviction.

2. Learned Executive Magistrate passed the above order on the main observation that A-party has filed O.S.No.183 of 2011 on the file of Senior Civil Judge, Proddatur, wherein itself A-party admitted that B-party has been in possession and further, in the said suit, in I.A.No.1687 of 2011 the Court has granted interim injunction in favour of B-party by restraining A-party in any way interfering with peaceful possession and enjoyment of B-party over the schedule land till disposal of the suit and interim injunction order has become final, as no appeal was filed. No doubt, A-party has contended before learned Executive Magistrate that the sc