Govinda Menon, J.-By his order in M.C.No.13 of 1950, dated the 14th March, 1950, the District Magistrate of Gooty held that the respondent in this Court, should be allowed to take possession of the land in dispute and retain the same till a competent civil Court decides the dispute between the parties; and aggrieved by that order the petitioners have moved this Court to revise the order of the District Magistrate.

The respondent presented a petition under section 145, Criminal Procedure Code, before the District Magistrate of Gooty on 15th October, 1949, and it was alleged that on 3rd October, 1949, he had been wrongfully dispossessed by the opposite party and wanted the Court to decide the question of possession and put him back in possession. A preliminary order under section 145(4), Criminal Procedure Code, was passed on 25th January, 1950, that is more than two months not only after the date of dispossession but after the date of presentation of the petition. On the finding that the petitioner in the lower Court was entitled to possession, the learned District Magistrate, following two decisions of this Court held that the two months period contemplated in the proviso to section

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