1. The present appeal by Mohammad Ibrahim is directed against the order dated 20th February, 1991 passed by Shri R.D. Kabra, Additional District Judge, Burhanpur, district Khandwa under section 341 of Cr.P.C. The appeal is filed against 6 persons, namely, Imdadulla, Akhtar Hussain Asif, Saiyad Jafar Ali, Abdul Majid, Nairn Akhtar and Mohd. Ismail.

2. The facts of the case as are relevant for the purpose of present appeal are as :-

(a) That warrant of possession over immovable property was issued against the aforesaid respondents Nos. 1 to 6 on 1.2.1991 by Additional District Judge, Burhanpur in T.C. Execution Case No. 116/2/88. In the said case the respondents made an application on 11.2.1991 through a lawyer Shri Bipat, which was accompanied with an affidavit filed by Shri Abdul Majid, the respondent No.4 in the present appeal, and this affidavit is the foundation for action under section 340, Cr.P.C.

3. Heard Shri Fakhruddin, Senior Advocate assisted by Shri Rashid Siddiqui, Advocate for the appellant and Shri Z.M. Shah, learned counsel for the respondents Nos. 1, 4 and 6. Rest of the respondents are represented but their counsel are not present in Court though the case is t