JAWALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ADMITTED and disposed of simultaneously.

(2.) A piece of agricultural land situated in village Chamaru, fully detailed in the order of the Sub-Divisional Magistrate, Rajpura, became the subject matter of dispute between the parties under Section 145, Criminal Procedure Code. After passing the preliminary order under Section 145(1), Criminal Procedure Code, the learned Sub-Divisional Magistrate appointed Naib-Tehsildar, Rajpura as the receiver and ordered him to take possession thereof. The receiver reported that the matter between the parties was pending in the Civil Court. Taking aid of that fact, the learned Sub-Divisional Magistrate, Rajpura on 13.11.1984 vacated the proceedings and took the view that when the matter was in the Civil Court, he had nothing to do in the matter.

(3.) THE respondents, on the other hand, have claimed that they had filed a suit against the widow and had got her injuncted from alienating the land in dispute. Similarly, the widow had filed a suit against them in which the learned Sub-Judge had ordered maintenance of status quo and that order is said to be still operative.