G.R.MAJITHIA
Vishwanath Kashinath Virkar and others – Appellant
Versus
Nitinchand Keshavji Gala and others – Respondent
2. The factual matrix is as under :--
R.B. Mane, Assistant Police Inspector, submitted a report on March 20, 1993 to the Executive Magistrate, Koregaon, stating therein that property bearing No. C.T.S. 1933, comprising of a godown and a shop, is in the possession of Nitinchand Keshavji Gala and Narayan Keshav Virkar (hereinafter referred to as "original Party No. 1"); that on March 19, 1993, original Party No. 2 entered into the shop and godown by force and damaged and threw away the articles lying therein; that original Part No. 2 has also closed the door opening towards the godown by fixing a lock and wooden battens on the door; that original Party No. 1 lodged a complaint on the basis of which proceedings under sections 107 and 151 of the Criminal Procedure Code (hereinafter "the Code") were initiated against the parties; that the parties could not arrive at a compromise and proceedings under section 145
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