NARAYANAPPA Vs. D VNARAYANAMURTHY AND

JUDGEMENT

(1.) The petitioner is the first party in Criminal Miscellaneous Case No. 12 of 1942-43, filed under Section 145 of the Code of Criminal Procedure before the Special First Class Magistrate, Madhugiri. The learned Magistrate being unable to decide which of the party was in possession of the property directed under Section 146 (1) of the Code of Criminal Procedure that attachment to continue and appointed the Amildar, Madhugiri to take possession as the Receiver.

(2.) On 27-6-1946, the respondents presented an application on behalf of the second party members from which this revision petition arises praying that the attachment be withdrawn and the Receiver be directed not to deal with the property. The petitioner objected on the ground that the application is not maintainable as the present respondents were not parties to the proceedings under Section 145 of the Code of Criminal Procedure. The learned Magistrate overruled the objection and ordered that the attachment be withdrawn by accepting the decision of the civil Court in favour of the respondents. It is against that order this revision petition is preferred.

(3.) The applicants, respondents herein, filed a suit against the petitioner in O.S. No. 18 of 1923-24 in the Court of the Subordinate Judge, Bangalore and obtained a decree for possession of half the interest in the schedule properties against the petitioner. (It was only this half share of the petitioner that was in dispute in proceedings under Section 145 of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 12 of 1942-43), and in execution of the decree delivery was obtained through the civil Court in Miscellaneous Case No. 487 of 1941-42 -symbolical possession of the property -- which was confirmed by the High Court in R. A. No. 73 of 1942-43. It was discovered that the property was under attachment by the Criminal Court and the Amildar as Receiver was in actual possession and management. Besides, the first respondent has also obtained a decree for declaration that he is the owner of the property in dispute and entitled to the amount in deposit in the criminal miscellaneous case (proceedings under Section 145 of the Code of Criminal Procedure) in O.S. No. 605 of 1946-47, against the respondents in the criminal miscellaneous proceedings. These two decrees and the proceedings thereunder form the basis of the claim by the respondents in this petition.