Honble SINGH, J.–Heard learned counsel for the petitioners, the learned Public Prosecutor and learned counsel for non- petitioner No. 2.

(2). In this petition, the question which arises for determination is, whether the learned Judicial Magistrate No. 2 (North), Udaipur was competent to pass orders under Section 451 of the Criminal Procedure Code in respect of immovable property which was in dispute between the parties. The facts so far as they are necessary for the disposal of this petition may briefly be stated as below :

On 22.1.97, Prakash Vaishnav submitted a report in writing at the Police Station Dhanmandi, Udaipur in which he stated that his maternal grad father Shri Raman Lal was in possession of a residential house situated in Nalwaya Chowk, Dhanmandi, Udaipur. Shri Raman Lal Acharya expired on 21.1.97. It was further stated in the report that when the complainant and other relatives were attending to the funeral rites Shri Dev Kishan Kumawat, Shri Hari Singh Kumawat, Shri Amrit Lal Kumawat, Shri Ghanshyam Kumawat, Prakash, Dev Kishan Panwala, Ramesh Patawa and several other persons went to the house of Shri Raman Lal Acharya and placed their own locks on the door which had

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