ASHOKKUMAR CHIMANLAL MODI Vs. CHINUBHAI NANALAL SHAH

JUDGEMENT

(1.) The above application arises at the instance of the original opponent. The opponent No. 1 herein is the original applicant and the State is the other opponent. Vide the present application original opponent is challenging two orders passed by the Executive Magistrate Metropolitan Area Ahmedabad in Chapter Case No. 11-22/80. The first order is dated 3-12-1985 on an application dated 15-3-1985 and the second order is dated 7-3-1986 on an application dated 27-2-1986. Both the said applications of the original opponent have been dismissed. Hence the above Misc. Criminal Application.

(2.) This application has chequered history. The dispute between the parties centres round new shop No 16 situated on the ground of Nanalal Chambers Ahmedabad. The original applicant Chinubhai Nanalal had lodged the aforesaid Chapter case on 17-9-1980 in the said Court on the allegation that on 16-9-1980 original opponent had broken open the lock on the said premises and had taken forcible possession thereof. The said Chapter case came to be dismissed on 21-5-1981 but not on merits. Original applicant filed Criminal Revision Application No. 148 of 1981 in the Sessions Court and the said order of dismissal was set aside on 10-12-1981. On 5-3-1982 the learned Magistrate cancelled the preliminary order passed by him in the said Chapter case upholding the contention inter alia that no untoward incident had taken place between the parties between 17-9-1980 and 12-2-1982. Original applicant Chinubhai filed Criminal Revision Application No. 89 of 1982 before the City Sessions Court and the said Court remanded the matter on 30-6-1982. Against the said order of remand present applicant had pursued the matter in this Court vide Misc. Criminal Application No. 1480 of 1982 which ended in a dismissal on 31-12-1982 with a direction that the matter be disposed of as early as possible. Original applicant Chinubhai filed Civil Suit No. 619 of 1985 on 11-8-1983. The same however was numbered as aforesaid on 22-2-1985 The said suit was filed by original applicant Chinubhai in the name of the registered partnership firm being M/s. Ashok Land Development Corporation against original opponent Ashokkumar. An order was obtained in the said suit on an interim application ex. 5 on 27-2-1985. The original opponent Ashokkumar filed an application under sec. 309 of the Criminal Procedure Code for stay of further proceedings. The said application came to be dismissed on 3-12-1985. Original opponent Ashokkumar filed another application for closing the Chapter proceedings on 27-2-1986. This application came to be dismissed on 7-3-1986.

(3.) Since both the orders are challenged almost on the same grounds in the above Criminal Misc. Applications the same are being disposed of by this common judgment.