PRAKASH BHAGAWATI Vs. LEGAL HEIRS OF PHANIDHAR BORA

JUDGEMENT

(1.) Heard Mr. S Sahu, the learned counsel appearing on behalf of the petitioner. Also heard Mr. S Biswas, learned counsel appearing on behalf of the respondents no. 1(i), 1(ii), 1(iii) and 1(v).

(2.) The instant application under Article 227 of the Constitution of India is filed challenging the order dtd. 27/11/2018 passed in Misc (J) Case No. 217/2018 arising out of Title Suit No. 28/1997. For the purpose of appreciating the question in controversy, it would be relevant to take note of the following facts which arises.

(3.) The plaintiff had filed a suit registered and numbered as Title Suit 28/1997 whereby the plaintiff sought for his right, title and interest over the suit land and also for recovery of khas possession and for mesne profit etc. It is the case of the plaintiff that the suit land is the land that he had purchased by the registered sale deed no. 1122 in the year 1996. It is the further case of the petitioner as plaintiff that pursuant to the purchase of the suit land, the defendant no. 1 filed a proceeding under Ss. 145/146 of Code of Criminal Procedure (CrPC) in respect to the suit land wherein the suit land was attached. Subsequent thereto, a revision was filed under Sec. 397/399 of Code of Criminal Procedure before the Sessions Judge, Sonitpur, Tezpur and the said order of attachment was stayed. Thereupon, when the plaintiff took steps for ploughing in the suit land, the defendant disturbed the same. Consequently, the suit was filed claiming the reliefs as aforementioned. The defendant no. 1 filed his written statement to the plaint wherein in paragraph 4 it was specifically mentioned that no proceeding under Sec. 145 of the CrPC was instituted in respect to the suit land and the same was never attached under Sec. 146.