MADHU SARMA Vs. AJIT SARMA

JUDGEMENT

(1.) The instant revision petition is filed by the petitioners, four in numbers, namely, Sri Madhu Sarma, Sri Nirmal Sarma, Sri Ranjit Sarma and Sri Pankaj Sarma, challenging the judgment and order, dated, 18.11.2003 passed by the learned Ad-hoc Addl. Sessions Judge in Criminal Revision No. 74 of 1998 whereby and whereunder the learned Ad-hoc Addl. Sessions Judge set aside the order dated 19.08.1998 passed by the learned Executive Magistrate, Guwahati (hereinafter referred to as "Magistrate") in Case No. 52m of 1991 under sections 145 /146 of the Criminal Procedure Code (for short, "Cr.P.C.") declaring the possession regarding the disputed land in favour of the petitioners who were 2nd party in the proceeding before the Magistrate. Heard Mr. K. Agarwal, learned counsel appearing for the petitioners (hereinafter referred to as "2nd party-petitioners") as well as Mr. B.K. Sarma, learned counsel appearing for the OP (hereinafter referred to as "1st party-OP").

(2.) Brief facts needed to be discussed are as follows:-

(3.) Upon receipt of the said application, the learned Magistrate had drawn up a proceeding under sections 145/ 146 of the Cr.P.C. on 13.02.1991 apprehending breach of peace in the area where the disputed land was situated and accordingly, he issued notice upon the 2nd party-petitioners. On receipt of the said notice, the 2nd party-petitioners appeared and also filed their written statement denying the allegations made by the 1st party-OP.