IMAMBU VS. HUSSENBI

( 1 ) THIS revision petition arises from the decision of the learned Sub-Divisional Magistrate, gadag, in Miscellaneous Case No. 5 of 1957 on his file, which was a proceeding under Section 145 of the Criminal Procedure Code. After examining the evidence before him, the learned sub-Divisional Magistrate, came to the conclusion that Party No. 1 was in possession of the lands in dispute. Consequently he passed the necessary order under Section 145 (6) Cr. . P. C. As against that order, the party No. II has come up in revision to this court.

( 2 ) THE only point argued before this Court is that the learned Sub Divisional Magistrate was not competent to enquire into the dispute as the very dispute was the subject matter of the suit in I. C. Suit No. 49 of 1957 on the file of the Civil Judge Gadag, which was pending trial at the time the order under revision was passed. This contention does not appear to have been taken either before the learned Sub Divisional Magistrate or before the learned Additional District magistrate, or before the learned Additional District Magistrate, Dharwar, when the matter was taken up in revision. In support of his contention the petitio

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