VISHWANATH KASHINATH VIRKAR Vs. NITINCHAND KESHAVJI GALA

JUDGEMENT

(1.) VISHWANATH Kashinath Virkar and 6 others (hereinafter referred to as "original party No. 2") have challenged the order passed in Criminal Revision Application No. 167 of 1993 by 4th Additional Sessions Judge, Satara, in this Criminal Writ Petition.

(2.) THE factual matrix is as under :--R. B. Mane, Assistant Police Inspector, submitted a report on March 20, 1993 to the Executive Magistrate, Koregaon, stating therein that property bearing No. C. T. S. 1933, comprising of a godown and a shop, is in the possession of Nitinchand Keshavji Gala and Narayan Keshav Virkar (hereinafter referred to as "original Party No. 1"); that on March 19, 1993, original Party No. 2 entered into the shop and godown by force and damaged and threw away the articles lying therein; that original Part No. 2 has also closed the door opening towards the godown by fixing a lock and wooden battens on the door; that original Party No. 1 lodged a complaint on the basis of which proceedings under sections 107 and 151 of the Criminal Procedure Code (hereinafter "the Code") were initiated against the parties; that the parties could not arrive at a compromise and proceedings under section 145 of the Code were instituted. On receipt of the complaint, the Executive Magistrate issued notices to both the parties, viz. original Party No. 1 and original Party No. 2, on March 26, 1993, directing them to file their say about the report filed by the police. The parties filed their say and also placed documents on record. On August 19, 1993, the Executive Magistrate passed the following order :--

(3.) NARAYAN Keshav Virkar (original party No. 1 in the proceedings under section 145 of the Code) filed a suit with regard to the property in the Court of Civil Judge, Junior Division, Koregaon, which came to be registered R. C. S. No. 109/1992. He made the following prayers in the suit:--