PUNJAB AND SIND BANK Vs. S LAKSHMINARAYANA RAO

JUDGEMENT

(1.) This petition is directed against the order dated 21-3-1980 passed by the Sub-Divisional Magistrate, Bangalore Sub-Division, Bangalore, in case No. MAG. SR 16/79/-80 between respondent-1 and respondent-2 (who were before him the petitioner and the respondent) under S. 146 of the Cr.P.C. in regard to an immovable property, which is the subject-matter of the dispute before him according to the learned Sub-Divisional Magistrate.

(2.) The petitioner was not a party in those proceedings. That is an undisputed fact.

(3.) The main grievance of the petitioner is that by the virtue of the order passed by the learned Sub-Divisional Magistrate under S. 146 of the Cr.P.C. the petitioner has been dispossessed of the subject-matter of dispute in the said proceeding viz., the immovable property and the Receiver appointed by the Sub-Divisional Magistrate has taken possession. The main stand of the petitioner is that there is no such dispute in regard to possession of the immovable property, because the petitioner himself was in actual possession and further that there was no likelihood of breach-of peace on account of dispute in regard to possession of the immovable property. The second stand is that the ingredients of S. 146(1) of the Cr.P.C. and the subsequent provisions in the same section enabling the Sub-Divisional Magistrate to appoint a receiver, are not satisfied by the facts and circumstances of the case.