SUDERSHANLAL AND OTHERS Vs. RATANLAL PATNI AND ANOTHER

JUDGEMENT

(1.) This revision petition arises from the order dated 14.3.86 passed by the Subordinate Judge (II) Manipur in Judicial Misc. Case No. 38/83/78 of 1985.

(2.) The facts for disposal of the present case may briefly be stated. The respondent as the first party, obtained an order under Sec. 144(2) Cr P.C. from the Sub-Divisional Magistrate, Imphal West, on 1.6.83, restraining the petitioners and their agents from entering into the suit premises. The learned Sub-Divisional Magistrate also further directed the Officer-in-charge, Imphal P.S. or any other officer authorised by him to lake the possession of any articles or stocks found lying inside the suit premises while removing the lock and key by preparing a list in presence of the witnesses and entrust the same to the Zima of a reliable person in the locality or to the respondent No. 1 on the execution of a bond. The order dated 1.6.83 of the learned S.D.M. was set aside by the learned Sessions Judge in Cri. Revision No. 44(2) of 1983 under an order dated 14.6.83. The learned Sessions Judge directed that the seized articles and shop be delivered to the petitioner No. 1. The respondent, on 14.6.83, filed O.S. No. 18 of 1983 in the Court of Sub-Judge (II) Imphal. In the suit, the learned Sub-Judge passed an ex parte order on 14.6.83 to maintain status quo of the suit premises as on 14.6.83. On 18.6.83 the petitioners filed an application for modifying the interim order On 18.7.83, the respondent also filed Civil Revision No. 3 of 1983 in this Court against the order of the learned Sessions Judge. This Court disposed of the Revision Petition on 22.7.85 by observing, inter alia, that the revision petition has become infructuous as the period of the order under Sec. 144(2) Cr P.C. has already passed. As regards the restoration of the property, this Cour observed that as the matter has heen in the seisin of the Civil Court, no interference is called for. This Court also vacated the interim order dated 21.6.83 passed in Criminal Misc. Application No. 14 of 1983 to maintain status quo as on 21.6.83 at 2 P.M. In pursuance of the order of the learned Sessions Judge, the learned Sub-Divisional Magistrate by an order dated 17.6.83 directed the O.C. Imphal P.S. to restore the property. The case of the petitioners is that police handed over the articles seized and suit premises to them on 21.6.83 at 10.35 a.m

(3.) Thereafter the respondent filed another petition in the Court of the Sub-Judge (II) praying, inter alia, for maintaining status quo of the suit premises as on 14.6.86 as the petitioners forcibly broke open the lock and entered the suit premises on 21.6.83 in collusion with some police personnel purporting to have been acting in accordance with the order of the learned Sub-Divisional Magistrate, Imphal West. The impugned order runs as follows: