MOHD ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition arises in a land dispute between the direct descendants of one Nathey Khan who died on 21 -6 -1986.

(2.) IT is not disputed that Civil Court i.e. M.J.M. Baran is also seized of a dispute regarding the entire property left by late Nathey Khan including the disputed land bearing Khasras No. 365/471 and Khasra No. 471 measuring 5 Bighas and 4 Biswas situated in village Anta. It is also not disputed that during the continuance of the civil proceedings, an interim order has been passed by the learned Munsif on 2 -2 -1989 (which date has wrongly been written in the certified copy of the order as 2 -2 -1988, which should be 2nd February, 1989 because the earlier order -sheet is of 27 -1 -1989 and case was ordered to be listed on 2 -2 -1989 besides this, suit itself had been filed on 12 -2 -(988), a certified copy of which has been placed on record today. This order has been passed because both the parties had no dispute on the facts mentioned in the order of the learned M.J.M., 1st Class, Baran. As per second paragraph of that order, both the parties had agreed that the possession of the land in dispute is with the Receiver hence it should be continued to be in possession of the Receiver and status quo as such be maintained. In this view of the matter, that the civil court is seized of the matter and an order about continuation of the Receiver has also been passed by the Civil Court, it is futile to continue proceedings under Sections 145 and 146, Cr.P.C.

(3.) THE petition is disposed of.