MALKAPPA Vs. PADMANNA

JUDGEMENT

(1.) The only point for consideration in this Criminal Revision Petition is whether a criminal court should proceed under Section 145 of the Code of Criminal Procedure iu respect of immove-able property which is the subject matter of Civil litigation actually pending in a Civil Court.

(2.) There is no dispute regarding the principal facts in this case. The respondent before me has already filed a suit against the petitioner in which he obtained a temporary injunction on 11-12-1956, which was made absolute on 16-9-1957, Upon appeal by the petitioner against that order, the District Court appears to have passed an order of stay suspending the operation of the trial Court's order dated 16-9-1957 till the disposal of the appeal before the District Court. This stay order was passed on 14-10-1957. On 6-11-57 the police made a report before the Munsiff Magistrate of Gulbarga stating that the parties are contending among themselves on the question of possession of the very property which is the subject-matter of the above civil litigation and on the strength of this report the Magistrate made a preliminary order on 27-11-1957 and a final order on 11-3-1958 declaring the first party, that is the respondent before me, to be the party in actual possession on the date of the preliminary order. The petitioner then took the matter in revision before the District Magistrate of Gulbarga, who has confirmed the order of the Munsiff-Magistrate.

(3.) The petitioner has now approached this court with this revision petition. The petition seeks to revise the order of the trial Magistrate himself and is not directed against the order of the District Magistrate confirming that of the trial Magistrate. On this basis the respondent has contended that the revision petition is out of time and there is no case before me for consideration. Normally, apart from the question of limitation, I would not have interfered in a case like this where the finding after all is one of fact which cannot be said to be unsupported by evidence on record.