R. K. DAS, J.

( 1 ) THIS is a petition by a 1st party in a proceeding under Section 145, Cr. P. C. The parties come from the same family and the dispute relates to some plots in respect of three Khatas in mouza Saheba Nagar in the district of Puri.

( 2 ) ON 16-12-64, the 2nd party filed a petition before the Subdivisional Magistrate, bhubaneswar requesting him to take action under Section 145 Cr. P. C. , as there was apprehension of breach of the peace concerning possession of the aforesaid disputed property. Shortly thereafter i. e. on 6-1-65, they also filed O. S. 3 of 1965 in the court of Munsif, Bhubaneswar in respect of the same property. In the said suit, they asked for a declaration of title and for confirmation of possession or in the alternative for recovery of possession. On 17-2-65, however, the Magistrate in pursuance of the petition of the 2nd party dated 16-12-64 passed a preliminary order under Section 145, Cr. P. C. and attached the property. The 2nd party who are the plaintiffs in the civil suit prayed for an ad interim injunction for restraining the defendant-petitioners from entering upon the disputed property. Ad interim injunction was granted, but it was late