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1965 Supreme(Ori) 11

G.K.MISRA
MURALI PATEL – Appellant
Versus
PURUSOTTAM BHATI AND ANR. – Respondent


Advocates Appeared:
D.C.Mohapatra, G.RATH, LILAMAYA MISHRA, R.C.Ram, Y.MISHRA

G. K. MISRA, J.

( 1 ) FIRST party is the petitioner. Opposite Party No. 1 is the husband of Opposite party No. 2. The case of the petitioner is that he purchased the disputed land from purusottam Bhati by a registered sale deed on 9-6-1901 and got delivery of possession. Ever since then he was in possession. As the opposite parties created disturbance in his possession, he filed an application before the Magistrate asking for an order under Section 144, Cr. P. C. against the opposite parties. On 8-81963 an order under Section 144 was passed restraining the opposite parties from interference with the possession of the petitioner. On 12-11-1963 the learned magistrate heard arguments of the advocate for both parties and passed the following order. As this relates to a land dispute and the parties are disputing over possession on the same land for the last two years it is desirable that a finding can be given in case this is converted into a proceeding under Section 145, Cr. P. C. The lands be kept under attachment and receiver be appointed. Parties to file written statements, affidavits etc. in support of their respective claims to possession by 29-11-1983. Subsequently the parties f















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