LAWS(ORI)-2018-5-97

TALAGANNA APPA RAO Vs. SINDIRI BABY SHANKAR RAO

Decided On May 16, 2018
Talaganna Appa Rao Appellant
V/S
Sindiri Baby Shankar Rao Respondents

JUDGEMENT

(1.) This revision is directed against the order dated. 29.11.2017 passed by the learned S.D.J.M., Paralakhemundi in M.C. No. 11 of 2017 converting one proceeding under Section 144, Cr.P.C., 1973 to one 145(1),Cr.P.C. and appointing a receiver in respect of the standing paddy crops over the case land under Section 146(2), Cr.P.C., 1973

(2.) The proceeding was initiated on an application filed by the present opposite party with the submissions that he and the Second Party no. 1 namely, the present petitioner no. 2 are brothers and the disputed land stood recorded in the name of their mother. After the death of their mother on 09.01.2016, there arose disturbance and on a mutual partition of the properties, the First Party namely, the present Opposite Party was in cultivating possession of the case land even till filing of the application. He alleged that all of a sudden, the Second Party members namely, the present petitioners coming near the case land threatened to take over the possession of the land by force despite his protest. Hence, apprehending serious breach of peace, he prayed for appropriate order in respect of the case land.

(3.) The said application was filed on 22.12.2017 and the Misc. Case No. 11 of 2017 was registered in the Court of the learned Executive Magistrate cum Sub Collector, Gajapati, Paralakhemundi. Thereafter, the learned Magistrate called for a report from the concerned Revenue Officer as well as from the Inspector In-charge of Garabandha Police Station. As per report of the Revenue Inspector, the present petitioner no. 1 was found to have cultivated the case land as a share cropper of the present petitioner no. 2. The concerned Police also reported that the present petitioner no. 2 and opposite party are brothers and their father expired since thirty years back and thereafter, the property was under the enjoyment and possession of Indumati, the mother of the parties.