GOPAL UPADHYA Vs. VISHWANATH PATHAK

JUDGEMENT

(1.) This application by Gopal Upadhya and another is directed against the final order dated 9th of Sept., 1974 passed in a proceeding Under Section 145 of Cr. P. C., 1898 (hereinafter to be called 'the Code') by the Magistrate. In the said proceedings, the petitioners were the members of the second party, whereas Vishwanath Pathak and five others, namely, opposite party Nos. 1 to 6 were the members of the first party. It may be noted that only opposite party Nos. 1 to 3 had contested the proceeding, whereas opposite party Nos. 4 to 6 had not filed any written statement nor they had contested the proceeding before the learned Magistrate. Awadh Kishore Bhagat, opposite party No. 7, was a member of the third party, whereas apposite party No. 8 Thakur Upadhya and opposite party No. 9 Vikramaditya Upadhya were the members of the second party.

(2.) The subject-matter of dispute consisted of 1 bigha 16 kathas and 10 dhurs of land comprised under various plots in Khata Nos. 294 and 95 in village Kherari, Police Station Darauli, in the district of Siwan. On a police report, a proceeding Under Section 144 of the Code was initiated between the parties on 13th of March 1973, which was converted , into a proceeding Under Section 145 of the Code on 20th of April, 1973.

(3.) The respective cases of the parties have been already mentioned in the impugned order. Both the parties, in support of their respective cases of possession, over the disputed land, filed affidavits and other documentary evidence. The learned Magistrate, after considering the materials on the record concluded as follows: