APPAYYA NAIKA AND Vs. STATE OF MYSORE AND

JUDGEMENT

(1.) This revision petition is directed against the order passed by the Executive First Class Magistrate, Puttur, South Kanara, in M.C. 20 of 1962 declaring that the second respondent--'A Party' -- was in possession of the disputed items of immoveable properties, two months prior to the date of the preliminary order and that he is entitled to continue to be in possession, thereof until duly evicted therefrom by an order of the competent Civil Court, in a proceeding started, under Section 145 of the Code of Criminal Procedure.

(2.) On the basis of a report from the Station House Officer, Puttur Station, that there was a dispute between the members of A and B parties which is likely to cause breach of peace regarding the possession of a thatched house measuring Order 18 cents comprised in S. No. 294 /1-C, field measuring 1 acre 26 cents comprised in S. No. 294/2 and Kumki land in S. No. 244/1-A statute in Narimogru village Puttur Taluk, the Executive Magistrate, Puttur, passed a preliminary order under Section 145 (1) of the Code of Criminal Procedure on 1-11-1962 and attached the disputed properties and directed the Receiver to take possession and manage the same. By the same order, the learned Magistrate called upon the petitioners --B Party and the respondent 'A' party -- to put in their written statements, affidavits and documents, if any in support of their respective contentions.

(3.) The parties appeared through their counsel, filed their written statements and also their affidavits in support of their respective contentions. The learned Magistrate heard the Counsel for the parties. It appears from the order sheet of the learned Magistrate that when the arguments in the case were almost concluded, a suggestion was made by one of the counsel appearing for the parties that the learned Magistrate may conduct a local inspection to properly appreciate the evidence. The learned Magistrate accepted the suggestion and fixed a date for inspection of the local area. He inspected the area on 5-3-1963 in the presence of the parties and their counsel and he prepared notes or memorandum of inspection. The notes or memorandum of inspection prepared by the learned Magistrate indicate that in addition to these persons, the village officers, the Revenue Inspector and some others were also present at the place during the inspection. The learned Magistrate appears to have enquired from some of the persons present at the spot and heard the counsel appearing for the parties who were present at the spot on 5-3-1963 and thereafter he has passed this impugned order.