SHAFAQAT ALI KHAN Vs. ABDUL LATIF KHAN

JUDGEMENT

(1.) INITIATION of parallel proceedings under Section 145 of the Code of Criminal Procedure, 1973, during the pendency of a civil suit between the same parties, pertaining to the very property being the bone of contention in both the proceedings and culminating in an order being passed by the Magistrate in conflict with that of the civil court, cannot indeed be countenanced.

(2.) THE dispute between the parties here is with regard to a house, which according to the petitioner, shafaquat Ali Khan belonged to Sardhana Begum. The petitioner is said to have purchased this house from Sardhana Begum vide registered sale-deed of June 1, 1983. Sardhana Begum later died on December 7, 1982.

(3.) ON the next day, that is March 4, 1986, the petitioner filed another suit for injunction pertaining to the same property and there again a temporary injunction was granted to restrain the respondent from dispossessing the petitioner forcibly. This order is said to have been conveyed to the REceiver on the same day as a result of which he refrained from taking possession.