1. :- A preliminary point has been raised by Mr. N.P. Gupta learned Advocate for the non-petitioners that this revision petition is not maintainable in view of Sub-Section (3) of Section 397 of Criminal Procedure Code (new). For the disposal of this preliminary objection some facts need to be stated. They are as follows:-

2. The proceedings under Section 145, Criminal Procedure Code (old) which started in the year 1973, were finally decided by the learned Sub-Divisional Magistrate on Jan. 13, 1981 and he held that on the date of preliminary order and within two months prior to it, the non-petitioners were in possession of the subject of dispute. The revision petition was filed against the order of the Sub-Divisional Magistrate in the court of the learned Sessions Judge, Bhilwara, who transferred it for disposal to the Court of learned Additional Sessions Judge, Bhilwara. It is given out that another revision petition has also been filed by non- petitioners and that too is pending decision in the court of learned Additional Sessions Judge, Bhilwara.

3. When the revision petitions were pending in the court of learned Additional Sessions Judge, Bhilwara, a revision petition No.