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1989 Supreme(P&H) 381

S.S.GREWAL
Gurdial Singh Mann – Appellant
Versus
Dharampal Singh Mann – Respondent


Judgment

1. This order will dispose of Criminal Misc. No. 3010-M of 1989 and Criminal Misc. No. 3155 of 1989 as common questions of facts and law, are, involved in both these petitions. Connected Criminal Misc. No. 3156 of 1989 shall also be disposed of by this order.

2. This petition under Section 482 of the Code of Criminal Procedure relates to quashment of the order passed by the Sessions Judge, Patiala, dated 11th of April, 1989, Annexure-P-2 and for restoration of the order of the Sub-Divisional Magistrate, Fatehgarh Sahib, dated 5th of April, 1989, Annexure P-2, whereby, the learned Sub-Divisional Magistrate on the basis of apprehension of breach of peace between the parties ordered attachment of the land-in-dispute till the rights of the parties were determined by a competent Court with regard to person entitled to possession of the land and further appointed Receiver in respect of the land in dispute. Both the parties were directed to get the matter decided in the civil court where suit for permanent injunction with regard to possession of the land in dispute was still pending.

3. In brief facts relevant for the disposal of this case are that respondent No. 1 entered into ag













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