NOORAHEMMED NIZAM MUJAVAR Vs. SHAFI MEERASAB MUJAVAR

JUDGEMENT

(1.) THE petitioners have approached this Court challenging the orders passed by the VII -Additional District and Sessions Judge, Belgaum at: Chikodi in Crl.R.P.No.30/2013 in allowing the Revision Petition and setting aside the order passed by the Taluka Executive Magistrate, Chikodi in MAG/CR/11/2008 -09 dated 28.12.2012.

(2.) THE brief factual matrix that emanate from the records are that:

(3.) THE learned counsel for the petitioner herein strenuously contends that, the impugned order passed in the in the Criminal Revision Petition the possession has not been disturbed. Therefore, the respondent cannot claim the right over the property unless his right and possession is decided by the competent Court. The possession, which was given to the Deputy Tahashildar and another portion in favour of the Committee. For a period of more than 11 years the Committee is looking after the affairs of the Dargah and the respondents never entered the possession of the said property at any point of time during these days. Therefore, the order of the District and Sessions Judge is not proper and the same is liable to be set aside as there is no order specifically passed with regard to the possession of the property.