GAJENDRA SINGH SIKARWAR Vs. SMT. GOMTI JADON

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by the order dated 29.01.2018 passed by the Court of 5th Additional District Judge Morena in Case No.31/2017 MCA, wherein the learned ADJ has vacated the stay granted in favour of the petitioner Gajendra Singh Sikarwar in the Misc. Civil Appeal.

(2.) It is the contention of the petitioner that he is residing in the suit house and therefore taking note of this fact trial court had directed that he be not evicted without taking legal steps for his such vacation. It is submitted that since the order passed by the SDM dated 06.07.2017 was stayed by the court of Sessions Judge and finally it passed an order on 21.04.2018 by setting aside the order of the SDM, therefore, there was no justification or ground for the learned ADJ to have vacated the stay granted in favour of the petitioner.

(3.) Petitioner has placed reliance on the judgment of this court in the case of Jodhram Satnami and others v. Vishwaraj Singh and others as reported in 2004 (4) MPHT 92 (NOC), wherein the ratio is that when matter regarding the title over the disputed land is under investigation by Civil Court, proceeding under section 145 of Cr.P.C., 1973 was also initiated. By the impugned order, the S.D.M. attached the disputed property and delivered its possession to third person. It was held that initiation of parallel proceedings under section 145 of Cr.P.C., 1973 is not justified. Hence, the impugned orders were quashed.