AWADHA BIHARI SINGH Vs. BRINDAVAN SINGH

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present revision application has been filed by the petitioner, who was second party in a proceeding u/s 145 Cr. P.C. The first party, in whose favour order has been passed, has been noticed and has appeared.

(3.) BY the impugned order the learned Executive Magistrate has vacated the earlier order and declared the possession of the opposite party being the first party in the proceedings below. This has been objected to by the petitioner, who was second party on the ground that in the proceedings this court having confirmed the possession of the petitioner it was not open to the Executive Magistrate to rehear and re -determine the possession and thus virtually setting at naught the findings of this court in the same proceedings.