DASHRATH Vs. GAJADHAR PRASAD GUPTA & ORS.

JUDGEMENT

(1.) This second appeal under Section 100 of the C.P.C. is directed against the judgment & decree dated 24.08.99 passed by the 7th Additional District Judge, Bilaspur in Civil Appeal No. 16 -A/99 affirming the judgment & decree dated 03.04.98 passed by the 4th Civil Judge Class -I, Bilaspur in Civil Suit No. 20 -A/95, whereby learned 4th Civil Judge Class -I has decreed the suit for permanent injunction of the suit land measuring about 3.24 acres situated as Village Kalmitar, Tahsil Kota, Distt. Bilaspur.

(2.) THE words "competent Court" as used in sub -section(1) of S. 146 of the Code do not necessarily mean a Civil Court only. A competent Court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the property forming the subject -matter of proceedings before the Executive Magistrate :

(3.) A decision by a criminal court does not bind the Civil Court while a decision by the Civil Court binds the Criminal Court. An order passed by the Executive Magistrate in proceedings under Ss. 145/ 146 of the Code is an order by a Criminal Court and that too based on a summary enquiry. The order is entitled to respect and wait before the competent court at the interlocutory stage. At the stage of final adjudication of rights, which would be on the evidence adduced before the Court, the order of the Magistrate is only one out of the several pieces of evidence.