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2022 Supreme(Online)(MAD) 18392

HIGH COURT OF MADRAS
HON`BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
RAJA – Appellant
Versus
THE EXECUTIVE MAGISTRATE CUM – Respondent


ORDER

This Revision Case is filed by the 'B' party to the proceedings under Section 145 of the Code of Criminal Procedure challenging the order of the learned Divisional Magistrate, Arni, dated 24.07.2018, in and by which, the learned Magistrate had ordered that until partition is effected in accordance with law, 'B' party should not enter the common properties which are in the possession of 'A' party and create a law and order situation and if 'B' party violates the said order, the criminal proceedings will be initiated.

2. A perusal of the material records produced on behalf of either side, the following facts emerged in this case:-

The property in question was originally a subject matter of O.S.No.47 of 1997, in which, a compromise decree was passed, whereby, the subject matter property was assigned to one Ravi and others belonging to the same family and that they are the joint owners of the property. Thereafter, by release deeds, dated 14.02.2014 and 20.06.2018, some of the shareholders have released their rights in favour of the third respondent, being the 'A' party, in the proceedings. A suit is also pending between the parties in respect of the same subject matter property in O

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