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, claimed in the petition that by virtue of settlement deed dated 01.08.2013 registered as document No.3741 of 2013, she is the owner of the property and that the petitioners herein are attempting to enter into the property and grab her property. Based on the petition, the first respondent conducted an enquiry under Section 145 of Code of Criminal Procedure and issued summons to both sides. However, the petitioner in the petition/Prema appeared on 16.06.2014 for enquiry and also submitted the documents in her favour. The petitioners herein did not appear for the enquiry to prove their claim. The Learned Divisional Magistrate, considered the title documents submitted by the second respondent herein, and the change of Patta order issued by the Deputy Regional Tahsildhar on 02.09.2013 and confirmed the order of Deputy Tahsildhar, changing the Patta dated 02.09.2013 and passed the order under Section 145 of Code of Criminal Procedure, prohibiting the petitioners herein from entering into the disputed property, until the decision is rendered in O.S.No.29 of 2014 on the file of the Subordinate Court, Perundurai.

C. The civil proceedings between the parties :

3. The second respondent/Prema had filed the suit in O.S.No.29 of 2014 for permanent injunction, restraining the petitioners herein their men, agent or servants not to make in any manner disturbances or trespass into the suit property, affecting the plaintiff's peaceful enjoyment and possession of the suit property. The suit was filed on 20.02.2014. The petitioners herein along with one Indhumathy, have filed a suit in O.S.No.33 of 2014 for declaration and consequential permanent injunction claiming title under Will. The said suit was filed on 03.03.2014. It is submitted across the bar that in both suits there is no interim injunction granted and the trial is almost complete and the matter is in an advance stage.

D. The Submissions :

4. The Learned Counsel for the petitioner, would submit that when the matter is pending in the Civil Court, unable to secure an ad-interim order by proving the prima facie possession, the second respondent/Prema has resorted to the filing of the petition under Section 145 of Code of Criminal Procedure. When the suits were already pending, the first respondent herein, ought not to have entertained the petition. Further, the petitioners would contend that they were served a summons for the enquiry on 09.06.2014, on which date they appeared. However, they were not informed about the subsequent hearings, more specifically, the hearing mentioned in the impugned order, i.e., on 16.06.2014. The order was passed without affording any opportunity to them. Therefore, they prayed this Court, in exercise of revisional jurisdiction, to interfere in the matter.

5. In support of his contention, th