GYAN SINGH Vs. BEDI SINGH AND OTHERS

JUDGEMENT

(1.) THIS revision application has been filed by Gyan Singh against the order dated 23 -11 -1970 passed by the SDM, Sikandrabad, in proceedings Under Section 145 Code of Criminal Procedure which have already been dropped by him on 29 -9 -1969. The magistrate on the application of Prahlad, the supurdgar, ordered that the supurdgar will continue and the station officer will keep an eye on the activities of the parties.

(2.) GYAN Singh filed a civil suit being civil suit No. 531 of 1967 before the IInd Munsif, Bulanishahr, against Debi Singh and four others and in that civil suit injunction order was granted on 27 -7 -1968 restraining Bedi Singh and four others from interfering with the possession of Gyan Singh over the disputed plots. In view of the Civil suit having been filed earlier this subsequent proceedings taken by, Debi Singh and others Under Section 145 Code of Criminal Procedure were dropped by the magistrate by his order dated 29 -9 -1969 and after dropping the proceedings as a consequence thereto the magistrate became functus officio. Therefore an application was made by the supurdgar. The magistrate who had directed that the supurdgar will continue by his order dated 23 -11 -1970 was an order passed by a magistrate who was functus officio on that date and could not pass the order for the continuance of the supurdgar over the disputed plots. The civil court had already granted injunction against Debi Singh and four others not to interfere with the possession of Gyan Singh and others which injunction at the initial stage was temporary but was later on confirmed. In the circumstances the supurdgar could not continue in possession nor the supurdgar can continue to be in possession of the property in dispute. Learned Counsel for the opposite party Supurdgar Shri B.D. Mandhyan argued that by order dated 23 -11 -1970 the magistrate has given a finding that the apprehension of breach of peace still continues and therefore, the supurdgar must continue and the civil court has not finally decided the rights of the parties and the application of Gyan Singh for the release of the property has already been rejected by this Court. Therefore, the properly according to the magistrate remained attached and the attachment was not lifted by the magistrate.

(3.) THE revision application is allowed, order dated 23 -11 -1970 passed by the magistrate is set aside. The application to vacate the stay order is rejected.