Banerji, J.

1. This application is directed against an Order of a 1st Class Magistrate of Bhabua prohibiting the petitioners from interfering with the right of way claimed by the opposite party over certain plots. It appears there is a well in plot No. 801 and the opposite party claimed a right of way over the disputed plots to go and fetch water from the said well.

2. Mr. Hafinandan Singh, appearing on behalf of the petitioners, has urged two points against the order. His first contention is that, on the admission of witness No. 2 for the opposite party, the path through the disputed plots had been closed since July 1951 and, as the enquiry under Sec.147, Criminal P. C., was instituted on 15-11-1951, when both parties showed cause, the order of the learned Magistrate was without jurisdiction as, according to the proviso to Sub-section (2) of Sec.147, the right of way was, admittedly, not exercised within three months from that date. It appears from the order-sheet of this case that even on 8-8-1951, the Sub-divisional Officer was waiting for the report of the police with respect to this dispute between the parties. Therefore, it can fairly be presumed that the learned Subd