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2021 Supreme(Mad) 2629

D. BHARATHA CHAKRAVARTHY
N. Rukmani – Appellant
Versus
Sub-Divisional Magistrate/ Revenue Divisional Officer, Erode – Respondent


Advocate Appeared:
For the Petitioners:R.T. Vishnu, N. Manokaran, Advocates.
For the Respondents:R1, L. Baskaran, Govt., Advocate (crl.side), R2, V.S. Kesavan, Advocates.

JUDGMENT :-

(Prayer: Criminal Revision Petition is filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order dated 04.08.2014 made in Na.Ka.1543/2014/A2 passed by the 1st respondent, set aside the same by allowing this Revision Petition.)

A. The Revision Petition :

This Criminal Revision Case is filed against the order of the Learned Divisional Magistrate-cum-Revenue Divisional Magistrate, Erode, dated 04.08.2014 in Na.Ka.No.1543/2014/A2 being an order passed under Section 145 of Code of Criminal Procedure, thereby, restraining the petitioners from in any manner entering into the disputed property viz., Punchai lands of Acs.0.23 cents in Perundurai Village, Thoppupalayam Taluk in Survey Nos.882-4, 883/11 and 883/12 of Erode District.

B. The brief facts leading to the passing of the order :

2. The second respondent viz., S.Prema, submitted a petition to the first respondent viz., Divisional Magistrate, stating that she is the owner of the property mentioned above and the petitioners herein viz., Rukmani and Jaya Parkash are trying to illegally trespass into the property and attempting to grab the property. The second respondent/Prema, cla

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