SUBHASH SADASHIVRAO CHOPADE Vs. PRABHUDAS APPAJI DHALE

JUDGEMENT

(1.) By this application, the applicants have prayed to quash and set aside the order passed by the Additional Sessions Judge, Darwha in Criminal Revision No. 5 of 2005 decided on 17.3.2007 and the order passed by the Sub-Divisional Magistrate, Darwha in Criminal Case No. 76/145/82, dt. 1.3.2005 with a prayer to remand the proceedings back to the Sub-Divisional Magistrate, Darwha for decision afresh in accordance with law.

(2.) Briefly stated the facts appear thus:

(3.) I have heard the submissions advanced on behalf of the parties. It does not appear in dispute that the Court receiver has been appointed since 19.5.1982. The Tahsildar, Darwha, District Yavatmal, who is the Court receiver, also deputed a panch Committee so as to look after the affairs of the said Deosthan. The learned Counsel for the Respondents made reference to the ruling in the case of Vijay Kumar v. Neeraj Kumar and Ors. reported in,1990 CriLJ 21 in order to contend that the question of title with respect to the property in dispute is not relevant when there is sufficient evidence regarding actual possession in the case. The Magistrate can however consider questions relating to title where such consideration is necessary in order to effectively decide the question of possession. Question of title, therefore, can be referred in proceedings Under Section 145 of the Code of Criminal Procedure only incidentally. The question of title may also be considered to corroborate or supplement other evidence as to possession.