JUDGMENT :

J.M. Mahapatra, J. - The revision at the instance of the second party members is directed against the order dated 21-5-1987 of the learned Executive Magistrate, Kendrapara in Criminal Misc. Case No. 73/86 allowing the interveners to be impleaded as parties, and holding the present proceedidg to be maintainable notwithstanding the pendency of a Title Suit bearing No. T. S. No. 368 of 1986 in the Court of the Munsif, Kendrapara.

2. The short facts of the case be may briefly stated thus. The members of the first partyy (opp. parties 1 to 8) filed a petition u/s 147 of the Code of Criminal Procedure before the Sub-Divisional Officer, Kendrapara alleging obstruction of public road by the villagers of Badanka, the members of 1he second party (petitioners). The learned Executive Magistrate after causing an enquiry through the Tahsildar, Aul, being satisfied that there was apprehension of breach of peace between the parties for exercising easementary rights over the path passing through the portions of plot Nos. 2041 and 2043 of village Badanka, directed initiation of a proceeding u/s 147, Cr. P. C. and called upon both the parties to appear before him and file their written state