HALKURAM Vs. RAM PRASAD

JUDGEMENT

(1.) AN order passed by the Executive Magistrate in proceedings in the nature of execution has been set aside by the Sessions Court and the aggrieved party has come up in revision to this Court.

(2.) THE property in dispute, in proceedings u/s. 145 CrPC registered as case No. 166/72 before S.D.M. Basoda, is a plot of land measuring 20'x40'. By order dated 22.3.74, the property was attached and handed over in the custody of a receiver. At the end, it was declared that the petitioner (Party No.2) was in possession of the property on the date of the passing of the preliminary order and hence was entitled to the delivery of possession from the receiver. This order was confirmed in revision. At any time, earlier to the initiation of present proceedings, the petitioner was not delivered with the possession of the property through the S.D.M. Court. These facts are not in dispute.

(3.) ON 17.8.1983, the petitioner filed an application before the S.D.M. complaining that the original order dated 22.3.74 had not been carried out till then, by physical delivery of possession over the disputed property to him, which was still required to be done. In reply dated2.9.1983, non -petitioner No.1 came out with several objections stating that the petitioner was not entitled to delivery of possession and his application was liable to be dismissed but he (non -petitioner No.1) did not make a clear statement as to whether the property in dispute was still in the custody of the receiver or was in his own possession. The S.D.M. directed delivery of possession. The Sessions Judge has reversed the order.