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Jogabandhu Shasa and anr. Vs. Raj Kumar Roy Chowdhury and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.999
AppellantJogabandhu Shasa and anr.
RespondentRaj Kumar Roy Chowdhury and ors.
Excerpt:
criminal procedure code (act v of 1898), section 145 - decree of civil court not inter partes--possession under such decree--jurisdiction of magistrate to declare opposite party's possession. - 1. in this case a rule was issued on the opposite party to show cause why an order under section 145, criminal procedure code, made in their favour should not be set aside on the ground that the petitioners had been put in possession of the property under a decree of a civil court.2. as, however, the decree in question was not a decree against the opposite party, there is, in our opinion, no ground for interference. the rule was in fact issued under the misapprehension that the decree of the civil court was binding on the opposite party.3. the rule is discharged.
Judgment:

1. In this case a Rule was issued on the opposite party to show cause why an order under Section 145, Criminal Procedure Code, made in their favour should not be set aside on the ground that the petitioners had been put in possession of the property under a decree of a Civil Court.

2. As, however, the decree in question was not a decree against the opposite party, there is, in our opinion, no ground for interference. The Rule was in fact issued under the misapprehension that the decree of the Civil Court was binding on the opposite party.

3. The Rule is discharged.


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