B.N.Agrawal, J.

1. This application has been filed by the second party against the impugned order by which the learned Magistrate has converted the proceeding u/s. 144 of the - Code of Criminal Procedure (hereinafter referred to as the Code) into a proceeding u/s. 145 of the Code. It appears that in the proceeding u/s. 144 of the Code, both the parties appeared and filed - their respective show cause. Case of the petitioner was that both the parties were in joint possession of the subject of dispute. So far the opposite party No.1 meaning thereby the first party is concerned, his case is that the parties belong to a Mitakshara Coparcenary and the property in question belongs to the joint family of the parties. According to him, although there was no partition, but for the sake of convenience the parties were separately cultivating the joint family properties and the subject of dispute was being cultivated separately for the sake of convenience by the first party and the second party had no right to create any disturbance in peaceful possession of the first party.

2. The learned Magistrate after taking into consideration cases of both the parties as recorded a - finding whic