MODI, J.— This is a reference by the learned Civil & Additional Sessions Judge, Merta, recommending that an order passed by the first Class Magistrate Nagaur directing the stay of a criminal case under sec. 379 of the Indian Penal Code instituted by the State against opposite parties Harsukh, Chaina and others on a report by the petitioner Kalu, pending the decision of a civil suit filed by Harsukh against Kalu, be set aside.

2. The material fact which have led up to this reference may shortly be stated as follows: It appears that the opposite party Harsukh purchased bapi rights in respect of a certain field from one Bhika who was its bapi holder. It is admitted that Bhika had mortgaged the same field to Kalu and some others before the transfer in favour of Harsukh took place. Harsukhs contention was that he entered into possession of the field in question after Kalu and others had surrendered possession thereof although latter changed their minds subsequently and sought to disturb his possession. On 27th July, 1949 Harsukh therefore, filed a suit in the court of the Munsif, Nagaur, against the petitioner Kalu and others for the grant of perpetual injunction restraining them from pr

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