RATNAKAR BARGAI Vs. HAKDAM BARGAI

JUDGEMENT

(1.) THE petitioners, second party members in a proceeding under Section 145, Cr.P.C. have assailed the legality and correctness of the order passed by the learned Magistrate and affirmed by the revisional Court.

(2.) ON the application being moved by the first party opp. party herein, initially a proceeding under Section 144, Cr.P.C. was initiated. Later on, it was converted to one under Section 145, Cr.P.C. and parties were given opportunity to file written statement. It would appear from the impugned order that the opp. party filed his written statement, but the petitioners did not. On 26.2.1994 the petitioners sought for adjournment to file written statement, but when the case was called none appeared for them for which prayer was refused and the case was adjourned to a future date for orders. On the adjourned date, as it appears, the learned Magistrate upon perusal of the written statement and the document of the opp. party, passed the impugned order declaring possession of the disputed land in his favour. Aggrieved thereby, the petitioners carried Revision to the Sessions Court and the learned Additional Sessions Judge, Bargarh upon hearing the parties declined to interfere with the said order and dismissed the revision.

(3.) TO appreciate the contentions raised at the Bar, it will be appropriate to reproduce the ultimate conclusion of the learned Magistrate which runs thus :