MAHAR JAHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) This is an unfortunate litigation in which a civil dispute, pure and simple, has been given the colour of a criminal case. The parties litigating are the wife, her sons and daughters on one side and the husband on the other. The husband claims that he has divorced the wife. It appears that there is a house property known as House No. 360-A, Gali No. 21, Zakir Nagar, Okhla, New Delhi. Claiming to be in possession of the property, the sons and daughters have filed a suit against the father in the Court of Senior Civil Judge, Delhi, registered as Civil Suit No. 404 of 2003. It is a suit for issuance of permanent preventive injunction. The plaintiffs had prayed for the defendant (Respondent 2 before us) being restrained from dispossessing the plaintiffs from the suit property and also restraining the defendant from entering into any dealing relating to the property.

(3.) In the year 1993, Respondent 2 initiated proceedings u/s. 145 of the Code of Criminal Procedure (CrPC) complaining of apprehension of breach of peace occasioned by dispute as to possession over the house property. The learned SDM passed an order in favour of Respondent 2 protecting his possession and forbearing all disturbances therein by the appellants. The appellants preferred a revision petition in the Court of Sessions Judge. The learned Sessions Judge has reversed the order of the learned SDM. Respondent 2 preferred a petition u/s. 482 of the Code of Criminal Procedure before the High Court. The High Court has set aside the order of the learned Sessions Judge and partly modified the order passed by the learned SDM. Feeling aggrieved, the appellants have filed this appeal by special leave.