YALLAWWA Vs. KENCHAPPA HANAMAPPA BATTUR

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the order dated 4-7-1984 passed by the Sessions Judge at Dharwar in Cr.R.P. No. 20/84 allowing the revision petition and setting aside the order dated 2-2-1984 passed by the Sub-Divisional Magistrate, Savanur Sub-Division, Savanur, in MAG.CR.PC.SR.12/83 and remanding the case for disposal according to law in the light of the observations made in the order.

(2.) The matter arises in this way : The Sub-Divisional Magistrate, on the basis of a report of the P.S.I. Kundgol, passed a preliminary order dated 3 1-1984 as required under Section 145(1) of the Code of Criminal Procedure (the Code) directing the members of both the parties to attend his Court on 10-1-1984 in person or by Advocates and put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. Smt. Yallawwa and Sri Balappa Hanamappa Neginal were the members of the first party and Kenchappa Hanamappa Battur and Smt. Madavva were the members of the second party. Both the parties entered appearance, filed their statements and produced the documents and the affidavits in support of their respective claims. The Sub-Divisional Magistrate was unable to satisfy himself as to which of the parties was in possession of the land on the date of issue of preliminary order on the basis of the material produced by the parties and so attached the subject matter of dispute namely the entire land comprised in Survey Number 25 under Section 146(1) and further appointed the Tahsildar, Kundgol, as the receiver under Section 146(2) and directed him to take action to dispose of the standing crops by conducting public auction separately in respect of the two portions measuring 13 acres 1 gunta and 13 acres 2 gunts and to credit the same to the P.D. Account of the Sub-Divisional Magistrate, Savanur Sub-Division, Savanur.

(3.) The second party carried the matter to the Court of the Sessions Judge at Dharwar in Cr.R.P. No. 20/84. The learned Sessions Judge, after hearing both the parties, came to the conclusion that the material produced before the Sub-Divisional Magistrate had disclosed that the subject matter of the dispute was in the possession of a Court receiver appointed by this Court and continued by the Supreme Court in certain proceedings between the parties and on that ground he further held that notice of the proceedings under Section 145 should have been issued to him in order to do complete justice between the parties and on that basis he set aside the order and remanded the matter to the Sub-Divisional Magistrate to dispose of the matter afresh in accordance with law after giving notice to the receiver appointed by this Court and continued by the Supreme Court.