MANGRU BHAGAT Vs. BHAWLA ORAM

JUDGEMENT

(1.) Heard.

(2.) This is a peculiar case of its own nature. The 1st party is Criminal Misc. Case No. 728/92 of the Court of Executive Magistrate, Panposh has filed this revision against the reversing order dated 12-3-1996 passed by the learned Addl. Sessions Judge, Rourkela in Criminal Revision No. 23/94 against the final order under Section 145, Cr. P. C. of the Executive Magistrate declaring the possession of the 1st party vide order dt. 7-11-94.

(3.) It appears from the certified copy of the order dt. 7-11-94 that after perusal of the evidence on record, learned Executive Magistrate declared the possession of the 1st party on the basis of an ex parte decree he obtained in a civil suit and negatived the contention of the 2nd party since they failed to show that they were successful in setting aside the ex parte decree. The 2nd party members preferred the aforesaid Criminal revision in the Court of Addl. Sessions Judge, Rourkela. Though the whole fact and evidence was available before the Addl. Sessions Judge that in a recent Civil suit a decree was passed in favour of the 1st party in the year 1992 declaring the title of the 1st party and permanently injuncting the 2nd party not to disturb the possession of the 1st party, yet learned Addl. Sessions Judge remanded the matter for fresh consideration as to whether the 1st party was dispossessed within a period of two months from the date of preliminary order. Against that order petitioner has approached this Court in this revision. It may be noted here that the learned Addl. Sessions Judge completely misconceived the provision of law inasmuch as it is the settled position of law that a recent Civil Court decree shall be respected in the Criminal Court and that principle should have been followed by the Addl. Sessions Judge.