YADAORAO NATHUJI KOKUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPLICANT Yadaorao Nathuji Kokude, a resident of Tkidi, Tahail and District Bhandara, has filed this revision Application challenging the order passed by the Additional Sessions Judge; Bhandara, on 24th of September 1974 in Criminal Revision No. 18 of 1974 where-under he set aside the order passed by thai Sub-Divisional Magistrate, Bhandam in favour of the applicant and directed thai the present non-applicants 2 and 3 were found to be in possession of the suit land on the date of the preliminary order with" in two months prior to the date of preliminary order and further directed the applicant not to disturb the possession of the non-applicants until they were law-Cully evicted from the suit lands.

(2.) THE facts in brief are as under:

(3.) ON 5th of February 1973 Police Officer incharge of Parsodi Police Station filed a report before the Sub-Divisional Magistrate, Bhandara, praying that proceeding under Section 145 of the Code ol Criminal Procedure be taken as there was likelihood of dispute between the present applicant Yadaorao and opponents Antu and Gangarandm in respect of the suit lands. A preliminary order came to be passed' on 26th of February 1973 by the Sub-Divisional Magistrate, Bhandara and it appears that after the preliminary order was passed, the suit lands were attached With standing crops thereon and pursuant to the order passed by the Sub-Divisional Magistrate, the Taluq Magistrate entered into possession on 1st of March 1973.