JUDGMENT

R. B. Misra, J. - These two consolidated appeals against a common judgment of the Civil Judge, Bijnor, dated 9th March, 1962, arise out of restitution proceedings under Section 144, C. P. C. The facts leading up to these appeals lie in a narrow compass and are as follows :

2. Ami Chand and his brother filed Suit No. 445 of 1952 against the appellant Gopinath on 24th September, 1952 for declaration that plots Nos. 73 (area 16 bighas 7 biswas) and 76 (area 27 bighas) were their Bhumidhari plots, as, also for an injunction restraining the appellant from interfering with their possession. Shanti Prasad also filed Suit No. 387 of 1962 against Gopinath on. 26th August, 1952 in respect of plot No. 67 (area 87 bighas) for declaration of his Sirdari rights as also for an injunction restraining the appellant (Gopi Nath) from interfering with his possession. The plots in dispute are agricultural plots and constitute a substantial area. There was a dispute between the parties in respect of these plots which culminated in proceedings under Section 145, C. P. C. and the plots in dispute, along with crops, were attached on 10th October, 1951. 'I he proceedings under Section 145, Cr. P. C.