SHEO MANGAL KUAR Vs. TILESHWAR KUER

JUDGEMENT

(1.) PETITIONER /1st Party has challenged the order dated 05.10.2002/07.10.2002 passed by Sri. A. Ram, Executive Magistrate, Dumrao in Case No. 267(M)/2000, Trial No. 127/2002(Musafir Kuar v.Tileshwar Kuar) under Section 145 Cr.P.C. whereby and whereunder the land under dispute has been declared to be under possession of Opposite Party Nos. 1 to 7.

(2.) UNFORTUNATELY , the order by which a proceeding under Section 145 Cr.P.C. was drawn, is not available on the L.C. record and in likewise manner there is also absence of notices issued in terms of Section 145 (1) of the Cr.P.C. After going through the record, Ext-A has been traced out which is a petition filed on behalf of petitioner/1st Party for initiation of proceeding wherefrom details of the disputed land has been gathered to be Khata No. 297/1 Khesra No. 1856/1, 2 Area 12 Acre 10 Decimal bounded by North- Bhagarchaki, South-Dharwawati Nadi, East-Ramji Kuar & Ors, West-Ganga Singh & Ors lying at village-Sheopur Diyara, Naubaraha.

(3.) JUST after initiation of the proceeding another petition was filed on behalf of the petitioner/1st Party for attaching the property whereupon police report was called for and after receiving the same vide order dated 06.07.2000 the land was attached.