RAMDAS RAMCHANDRA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of the parties.

(2.) The challenge is raised to the order rendered by the Executive Magistrate under Sec. 145 of the Code of Criminal Procedure (for short, "Cr.P.C."). Respondent No.3 presented an application with an assertion that the present petitioners have taken possession of the land belonging to the respondent in an unauthorized manner. As such, a request has been made to allow the application.

(3.) Admittedly, the parties to the proceedings have approached Civil Court by presenting a civil suit, which is awaiting its adjudication. The learned counsel for the petitioners contends that the petitioners are the lawful owners of the subject land which having purchased it in the year 1995 from respondent No.3. Although the ownership and possession is transferred in favour of the petitioners through the registered sale deed and eventually petitioners' names were effected in the revenue record. Respondent No.3 attempted to create obstruction, as such, the civil suit is filed before the competent court.