( 1 ) BOTH the revision petitions are directed against the common order of the learned III Additional Sessions Judge, Belgaum, dated 28-2-2002 in cri. A. Nos. 120 of 1996 and 122 of 2001 relating. to the delivery of the property.

( 2 ) THE brief facts of the case are that; Thammanna Shivalingappa teli, petitioner herein, lodged a complaint with the police stating that on 2-11-1985 gold articles were stolen from his house. The police took up investigation. One Appasaheb Chavan was arrested on 22-4-1986. Consequent upon the voluntary statement made by Appasaheb Chavan, several articles including gold ornaments were recovered from the possession of Ganeshmal Bhagwanji Rathod, 2nd respondent herein. When the properties were produced before the Court, the petitioner filed an application on 17-4-1989 for interim custody of the property, however, that application was not decided. On completion of investigation, the police filed charge-sheet against Appasaheb Chavan. The case was tried by the learned Judicial Magistrate First Class, athani, in C. C. No. 795 of 1986 for offences under Sections 457 and 380 of the IPC and the accused was convicted.

( 3 ) THE gold ornaments were