JAGDISH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jaswant respondent filed a civil suit for permanent injunction against Jagdish Ram petitioner and his brother Onkar Chand. The learned Sub Judge before whom the said case was pending issued an ex parte injunction in favour of Jaswant and against Jagdish Ram and others thereby restraining them from interfering in his possession over the suit land. This ex parte ad interim injunction was confirmed on 21-9-1983 after hearing the parties. The injunction order passed by the Sub Judge was confirmed by the learned District Judge, Sirs a, vide his order dated 17-10-1983 in an appeal filed by Jagdish Ram and Onkar Chand.

(2.) According to the calendar filed by the police under Section 145, Criminal Procedure Code (for short the 'Code'), Kishan Chand and his son Jaswant moved an application before the police to the effect that Jagdish Ram petitioner and Onkar Chand wanted to take forcible possession of the land in spite of the fact that the civil Court had restrained them. Police after enquiry moved the Sub Divisional Magistrate, Sirsa who, after enquiry, found that Jagdish Ram petitioner and his brother Onkar Chand were in possession of the property in dispute. Feeling aggrieved, Jaswant respondent filed a revision in the Court of Additional Sessions Judge, Sirsa, who vide his order dated 4-12-1985 accepted the revision and held that as the matter was before a civil Court the Sub Divisional Magistrate had no jurisdiction to start parallel proceedings under Section 145 of the Code and set aside the said proceedings. Feeling aggrieved, Jagdish Ram has filed this revision petition. I have heard the learned counsel for the parties and gone through the record and relevant law with their help.

(3.) It is not disputed that civil Court had granted an ad interim injunction in favour of Jaswant restraining Jagdish Ram and his brother Onkar Chand from interfering in his possession over the suit land. This injunction was confirmed by the District Judge in an appeal filed by Jagdish Ram and Onkar Chand. It is not disputed that the civil suit and the proceedings under Section 145 of the Code relate to the same land.