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1980 Supreme(Guj) 27

G.T.NANAVATI
RATILAL SHANTILAL BHULABHAI DESAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.P.SHAH, C.K.TAKVANI, S.N.SHELAT

G. T. NANAVATI, J.

( 1 ) ). The only question which is raised in these two revision applications is whether the order passed by the learned Magistrate staying criminal proceedings till the decision of the Civil Suit can be said to be an interlocutory order is. As the question is common in both these revision applications they are deposed of together by this common judgment.

( 2 ) TWO criminal cases registered as Criminal Cases Nos. 3891 and 3892 of 1978 have been filed against the petitioners in the Court of the learned Judicial Magistrate First Class Valsad. Both these cases have been instituted upon charge-sheets filed by police. The allegations against the petitioners are that they have forged a will and the power of attorney purported to have been executed by one Kikabhai; and therefore they are liable to be punished under secs. 461 468 417 and 114 of the Indian Penal Code. During the pendency of those criminal cases a Civil Suit has been filed by the mother of the petitioners for recovery of the possession of the properties in occupation of the defendants claiming that she is the sole heir of the deceased Kikabhai and as such she is entitled to the possession thereof. The petit





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