BHAGIRATHI SRICHANDAN Vs. DAMODAR BARAL AND ANR.

JUDGEMENT

(1.) THIS revision application at the instance of the first party in a proceeding under Section 145 of the code of criminal procedure is directed against the decision of the learned Sessions Judge of Puri vacating the final order in the proceeding and remitting the matter for a fresh disposal.

(2.) ON 1 -10 -1973, the Executive Magistrate of Puri initiated a proceeding under Section 145 of the code and drew up a preliminary order. Notices were issued to the opposite parties. As the members of the second party declined to receive notice, the same was hung up on their doors. No notice was, however, given on the disputed property. The second party members did not enter contest in the proceeding and the learned Magistrate by his order dated 11 -11 -1975 found possession of the first party. Against the final decision of the learned Magistrate a revision was carried to the learned Sessions Judge by members of the second party.

(3.) ON the analysis indicated, the order of the learned Sessions Judge is vitiated. I would accordingly vacate it and restore the order of the learned Magistrate. The revision application stands allowed.