N A ANSARY Vs. JACKIRIYA

JUDGEMENT

(1.) This revision is directed against the order dated 28-10-1985 passed in MCP No.3 of 1985 by the learned Taluk Executive Magistrate and Tahsildar, Chidambaram.

(2.) The subject matter of dispute is a mosque bearing Door Nos. 1 and 2, Labbai Street, Chidambaram Town. The said mosque owns certain properties. There had been a scramble for possession of the mosque between the petitioners ('B' Party) and the respondents ('A' Party), who were arrayed as counter-petitioners before the Executive Magistrate. The Inspector of Police, Chidambaram town, laid information before the learned Magistrate for initiation of proceedings u/ S. 145 Cr. P.C. on 28-2-1985, since the scramble for possession of the mosque between the parties was likely to create breach of peace and law and order problem in the locality. The Magistrate, on receipt of the report, deriving the subjective satisfaction that the dispute between the parties was likely to cause breach of peace, passed a preliminary order on 30-3-1985 u/S. 145(1) Cr. P.C., calling upon the parties to appear before him on 15-4-1985 and put in their written statement of the respective claims with regard to their actual possession of the mosque. On 15-4-1985 'B' Party appeared and filed a petition stating that the preliminary order did not contain any schedule of property. Then the executive Magistrate rectified the earlier preliminary order and issued a fresh order giving full particulars of the subject matter of dispute. On 24-5-1985, 'B' Party filed a petition to include the Wakf Board as a necessary party to the proceedings which was stoutly opposed by the filing of a petition by 'A' party on the same day. On 10-6-1985, 'A' party filed written statement as regards their actual possession of the mosque and filed whatever documents they had. 'B' Party neither filed any written statement nor filed any documents regarding their claim as to actual possession of the mosque. During the pendency of the proceedings before the Magistrate, both parties initiated several proceedings before the competent Civil Courts, claiming various reliefs in respect of not only the subject matter of dispute in the proceedings u/S. 145 Cr. P.C. viz. mosque, but also in respect of other properties owned by the mosque.

(3.) It is necessary to mention only such of those civil proceedings relatable to the mosque in question. 'A' Party filed O.S. No. 189/ 84 on the file of the District Munsif 's Court, Chidambaram, for an injunction restraining 'B' Party from functioning as office-bearers of the mosque and not to interfere with their functioning as office-bearers, and also I.A. No. 871/84 for temporary injunction. The learned District Munsif, on perusal of the materials placed before him, in fact granted interim injunction on 6-6-1984. The District Court in its proceedings D.No.1188/ 86 dated 30-1-1986 transferred the suit to the file of the Sub Court, directing the parties to appear on 26-6-1986. The Sub Court, Chidambaram, took the same on file on 16-6-1986, renumbering them as I.A.No. 423 of 1986 in O.S. No.32 of 1986. On 29-8-1986, the learned Subordinate Judge closed I.A. No.423/86 and listed the suit for trial on 4-9-1986. Likewise, 'B' Party instituted O.S. No.29 of 1984 before the Sub Court, Chidambaram, for injunction restraining 'A' Party from interfering with their functioning as office bearers of the mosque and I.A. No.378 of 1984 for temporary injunction. The learned Sub Judge, on a perusal of the materials placed before him, granted temporary injunction on 25-6-1984 for a period of three weeks and on 29-11-1984 the interim injunction granted was made absolute. On 28-10-1985, the Executive Magistrate passed the impugned order u/ S. 145(6) Cr. P.C., declaring that 'A' Party is entitled to the possession of the mosque until evicted from it in due course of law.