KAKITAPALLI VENKATA NARASAMMA Vs. KAKITHAPALLI VENKATARAMANAMURTHY

JUDGEMENT

(1.) On information filed by the Inspector or Police, Srikakulam proceedings under S. 145. Cr.P.C. were started by the learned Sub Divisional Magistrate, Srikakulam against two groups called 'A' party and 'B' party. The parties filed written statements, affidavits and documents. The learned Sub-Divisional Magistrate considered that there was a case for inquiry regarding possession and the case duly came before the learned Judicial I. Class Magistrate, Srikakulam as M.C. 5 of 1967. The learned Magistrate examined the Karnam of the village where the disputed property is situated as CW 1. The same karnam had also given affidavit in favour of 'A' party to the effect that 'A' party was in possession of the property on the date of the preliminary order, namely 11-10-1966 and from very long time before that date. After considering this deposition along with the written statements filed by both parties and the affidavits and documents filed on both sides, the learned Magistrate passed an elaborate final order declaring the 'A' party to be in possession and forbiding 'B' party from disturbing that possession. The 'B' party consists of two persons referred to by me hereafter as B.1. B.1 died pending the inquiry by the learned Magistrate. B.2 filed revision petition 22 of 1968 before the Additional Sessions Judge. The learned Additional Sessions Judge, after hearing these parties made a reference to this court. In his reference he stated as follows:-

(2.) This reference was numbered as Crl. R.C. No. 636 of 1968. At the same time on the very day when he made the reference namely 9-9-1968, the learned Addl. Sessions Judge also made an order staying the operation of the order of the lower court as follows:-

(3.) Upto that day, there had been an interim stay of the operation of the order of the learned Magistrate, Against the above order of the learned Addl. Sessions Judge the 'A' party filed Crl.R.C. No. 592 of 1968.