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1958 Supreme(Ori) 82

R.L.NARASIMHAM
MATHURI MALLIK – Appellant
Versus
SATRUGHNA GIRI – Respondent


Advocates Appeared:
J.B.KAR, P.C.CHATTERJI

R. L. NARASIMHAM, C. J.

( 1 ) THIS is a petition in revision against an order passed by Sri B. Misra, First Class magistrate of Balasore, dropping a proceeding under Section 145, Cr. P. C. and directing the management of the disputed properties by a Receiver till the rights of the parties are decided by a competent Civil Court.

( 2 ) THE proceedings were started in respect of 32 acres of land on the 20th february 1957 on the report of the local Police to the effect that there was apprehensions of breach of peace. The disputed properties were also attached and kept under the management of one Chintamoni Mohanty pending the disposal of the proceeding. The learned Magistrate, after scrutinising the affidavits filed by both parties and hearing them passed an order on the 9th September 1957 to the following effect : "from the documents filed by the parties it is not possible to come to any definite conclusion about possession of the suit lands by either of the parties. " then he discussed the contention raised by the pleader for the second party to the effect that the proceeding was not maintainable as there were several distinct disputes in respect of different portions of the land w







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