SAMBARU GOUDA Vs. MAKUNDA NADKANI ALIAS MUKA

JUDGEMENT

(1.) THE Petitioners assail the order passed by Mr. D. Kar, Sessions Judge, Koraput at Jeypore confirming the order dated November 6, 1984, passed by the learned Executive Magistrate, Malkangiri setting aside the ex parte order dated September 28, 1984,. declaring the Petitioners to be in possession of the lands in dispute in a proceeding under Section 145 of the Code of Criminal Procedure (for short the 'Code '), as having been passed without jurisdiction

(2.) WHILE it has been urged on behalf of the Petitioners that the learned Executive Magistrate and the revisional Court had no inherent power under Section 482 of the Code and could not otherwise recall or review a final order passed in a proceeding under Section 145 of the Code, ex parte though it might be and the learned sessions Judge completely went wrong in applying the Provisions of Order 9, Rule 13 of the Code of Civil Procedure to a criminal proceeding, the learned Counsel for the opposite party No. 1 has supported the order as having been passed in the interests of justice.

(3.) IT is not necessary to go into the facts of the case. The fact remains that one party had been found to be in possession of the lands in dispute by a final order passed by the learned Executive Magistrate.