ORDER : – This application under section 482 of Criminal Procedure Code has been filed against the order dated 30-6-2016 passed by Eleventh Additional Sessions Judge, Gwalior in Criminal Appeal No. 65/2016, thereby affirming the order dated 7-1-2016 passed by Thirteenth Civil Judge, Class-II, Gwalior in MJC No. 0/2015, by which the application filed by the applicants under section 340 of Criminal Procedure Code has been rejected.

2. The necessary facts for disposal of the present application in short are that the respondents filed a suit for declaration of title and permanent injunction. It is the case of the respondents that they are the real brother and sister. The land in dispute, i.e. survey Nos. 519, 529, 532, total area 3.889 hectare situated in Patwari Halka No. 92, village Morar, District Gwalior is the joint property of the respondents as well as the applicants and the respondents have 1/2 share in the said joint property. The mother of the respondents, namely, Smt. Raksha Devi and husband of the applicant No. 1 and father of the applicants No. 2 to 4 were the joint owners and after their death, the respondents as well as the applicants became the joint owner of the said p