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1988 Supreme(Raj) 595

J.R.CHOPRA
Gokul Ram : Ram Gopal - Non – Appellant
Versus
Ram Gopal – Respondent


Advocates:
For the Petitioner:B.L. Kachhawaha, Advocate.
For the Non - Petitioner:M.S. Narain Bhatt, Advocate.

JUDGMENT

1. - This revision petition has been filed to quash the order of the learned Sub-Divisional Magistrate, Jodhpur dated 16-12-1985 whereby the learned lower court has maintained the order of attachment and the appointment of the Receiver regarding the disputed land bearing Khasras Nos. 177, 188, 190, 368, 369, 370, 373, 596 and 597 and has ordered that the Receiver shall remain in possession of the disputed land till the parties got their rights decided by a competent civil court.

2. The facts necessary to be noticed for the disposal of this revision petition briefly stated are: that non petitioner No. 1 Ramgopal, who is now dead and is represented by his legal heirs, initiated proceedings against non-petitioners Nos. 2 to 8 in this petition on 3-10-1973 in the Court of learned Sub-Divisional Magistrate, Jodhpur. The learned Magistrate after drawing a preliminary order under Section 145(1) Cr PC ordered for the attachment of the land in dispute situate in village Buchakala as he apprehended immediate breach of peace as regards the possession of the land in dispute and appointed a receiver to look-after the land in dispute and the crops which were standing and which may be rai












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