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1963 Supreme(Gau) 38

T.N.R.TIRUMALPAD
Wahongbam Gulap Singh – Appellant
Versus
Moirangthem Ningol Konsam Ongbi Radha Devi – Respondent


Advocates:
N. Budhachandra Singh, for Petitioner; R.K. Manisana Singh, for Respondent No. 1; N. Ibotombi Singh Govt. Advocate, for Respondent No. 2.

ORDER :-

This revision petition is filed against the orders of the S. D. M., Bishenpur, under Section 147, Criminal Procedure Code dated 21-6-1962 and 24-8-1962, directing the petitioner not to interfere with the exercise of the right of user by the 1st respondent over a disputed path and further to remove the posts and shed raised by the petitioner in the disputed path. The Magistrate held in his first order that the said disputed path-way had been in existence for a very long time and that the petitioner had no right to put up posts in order to obstruct the use of the path by the first respondent and further that he put up the shed after the petition under Section 147 Criminal Procedure Code was filed by the first respondent. In his original order dated 21-6-1962, the Magistrate merely directed the petitioner not to interfere with the use of the path-way by the first respondent, but he did not pass any order directing the removal of the obstructions, namely, the posts and the shed. On 4-8-1962, the first respondent filed an application before the Magistrate under Section 369 Criminal Procedure Code stating that due to a clerical mistake or accidental omission the Magistrate has o

























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