1. The petitioners have preferred this petition under section 482 of the CrPC against the orders dated 9.10.2018 passed by IX Additional Sessions Judge Gwalior in Cr. Revision No. 299 of 2018 preferred by the petitioners whereby, the revision preferred by the petitioners has been dismissed and the order of cognizance taken by S.D.M Court dated 1.8.2018 is affirmed.

2. Precisely stated, facts of the case are that the petitioners and respondents are owners and in possession of a common building in which ground floor shop at More Bazar Lashker Gwalior is of the ownership of the respondents and first floor over it, is of ownership of the petitioners. It is submitted by the petitioners that since building was old, both the parties decided to get it dismantled and thereafter to reconstruct the building.

3. After demolition of the building it was the duty of the respondents to construct the ground floor and thereafter the petitioners had to construct their building over the ground floor. In pursuance thereto, (as per oral agreement), the petitioners demolished their part of the building but the respondents did not follow the oral agreement and continued with the in-habitation of the