UDAYANATH BAIDYA Vs. PRAMILA BAIDYA

JUDGEMENT

(1.) THIS revision is directed against order dated 13 -10 -93 passed by the learned Second Additional Sessions Judge, Ganjam, Berhampur confirming order dated 28 -7 -92 passed by the learned J.M.F.C., Khallikote directing return of seized articles to the present opposite party on execution of a bond of Rs. 60,000/ - with one surety with stipulation of restoring the seized articles to the court in the event the order is modified and set -aside appeal on revision.

(2.) THE facts giving rise to the present petition may be stated as under.

(3.) LATER two petitions were filed before the learned J.M.F.C., Khallikote. One by the present Petitioner and other by the opposite party claiming return of the articles which were recovered from the possession of Jagabandhu at Delhi. After hearing both the parties learned Magistrate directed return of those articles to the present opposite party on the ground that she is the right person to receive the seized articles. Learned Magistrate rejected the claim of the present Petitioner.