A. NARAYANA PAI, J.

( 1 ) THE only point for consideration in this Criminal Revision Petition is whether a criminal court should proceed under Section 145 of the Code of Criminal Procedure iu respect of immove-able property which is the subject matter of Civil litigation actually pending in a Civil Court.

( 2 ) THERE is no dispute regarding the principal facts in this case. The respondent before me has already filed a suit against the petitioner in which he obtained a temporary injunction on 11-12-1956, which was made absolute on 16-9-1957, Upon appeal by the petitioner against that order, the District Court appears to have passed an order of stay suspending the operation of the trial Court's order dated 16-9-1957 till the disposal of the appeal before the District Court. This stay order was passed on 14-10-1957. On 6-11-57 the police made a report before the munsiff Magistrate of Gulbarga stating that the parties are contending among themselves on the question of possession of the very property which is the subject-matter of the above civil litigation and on the strength of this report the Magistrate made a preliminary order on 27-11-1957 and a final order on 11-3-1958 declaring

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