N.N. Sharma, J.

1. This revision is directed against order dated 18-11-1982 passed by Sri B.B. Agarwal, learned IV Additional Sessions Judge, Moradabad who allowed Criminal Revision No. 130 of 1982 preferred by opposite parties 2 and 3 and set aside the order dated 6-8-1982 of City Magistrate, Moradabad attaching the property in dispute under Section 146 (1) of the Code of Criminal Procedure in Case No. 97/11 of 1982.

2. It appears that dispute relates to plot no. 20 measuring 0.78 decimal situated in Peerzada street of Moradabad City. On 18-6-1982, Harish through Abdul Gafoor and Chhuttan, who are alleged to be his Mufchtar-a-am, applied in the court of City Magistrate, Moradabad for action under sections 145/146 (1) of the Code of Criminal Procedure about the said land against Vakil Ahmad and Jamil Ahmad.

Learned Magistrate Invited report of S.O. Katghar. He also recorded statement of Sri Jiya Nand Sharma, the then S.O. Katghar on 22-6-1982 and was satisfied that there was apprehension of breach of peace and so after considering the nature of dispute and likelihood of breach of peace, recorded a preliminary order requiring the parties concerned to put-in their written sta