RAM KUMAR SHRIVASTAVA Vs. SAROJ JAIN

JUDGEMENT

(1.) THE revision impugns the order passed by the learned Sub-Divisional Magistrate, Bareli, Raisen, dated 31-3-98, whereby possession of the land in question was given to a receiver on a report received from the police.

(2.) BOTH the parties submitted that since a civil suit registered as No. 15a/97 (Original No. 11a/88) is pending before the learned District Judge, Raisen at final stage of the trial, therefore, it would be a futile exercise to go into the matter on the question of possession under Sections 145/146, Cr. PC. They further submitted that the out come of the criminal revision will be coterminus with the result of the suit and placed reliance on a decision of the Apex Court in the matter of Bhinka and Ors. v. Charan Singh (AIR 1959 SC 960 ). In para 16 of the said judgment the Apex Court has held as under :-

(3.) UNDER the circumstances, this criminal revision is disposed of with direction that the District Judge, Raisen shall dispose of the Civil Suit No. 15a/97 within a period of one month from the date of receipt of a copy of the order passed by this Court. It is placed on record that Counsel for the parties undertake to fully co-operate with, the District Court for early disposal of the suit.