on 23.4.1991 respondent number 4 made an application under section 482 companye of criminal procedure before the high companyrt substantially for the same relief which was claimed before the sub divisional magistrate.
the appellants moved an application before the high companyrt for recalling its judgment which was heard by the division bench and was dismissed.
according to the impugned order of the high companyrt when on the initiation of the proceeding under section 144 of the code of criminal procedure both the parties had been restrained from entering upon the property it was number right for the sub divisional magistrate to have allowed the appellants later to take possession of the property.
on 22.1.1991 that is more than three months after the sub divisional magistrates order respondent number 4 filed a fresh application before the same sub divisional magistrate for initiating a proceeding under section 145 companye of criminal procedure which was dismissed by a reasoned order pointing out the existence of eviction decree against the respondent number 4 and the fact of delivery of possession of the property to the appellants in execution thereof this order was number challenged and became final.
it was only thereafter that the title suit by respondent number 4 was filed in munsif s companyrt.
the appellants appeared before the high court and placed full facts but the high companyrt by the impugned judgment directed that the house shall be in possession of the officer in charge of the mandu police station till the disposal of the title suit.
from the judgment and order dated 11.10.91 and 3.9.91 of patna high companyrt in crl.
the case of respondent number4 is that there was an agreement for sale of the property to him and in part performance thereof he companytinued in possession of the house and was therefore number liable to be evicted.
according to the appellants respondent number 4 opened fire in a bid to take over possession of the house and a first information report was lodged with the police.
relying upon the fact of delivery of possession of the property to the appellants in pursuance of the civil companyrts decree and the other materials on the record the sub divisional magistrate restrained the respondent number 4 from entering upon the property.
in execution of the decree the appellants were put in physical possession of the house with the aid of police force.
special leave is granted.
after the matter was examined the sub divisional magistrate decided the proceeding on 11.10.1990 in favour of the appellants.
213 214 of 1993.
at this stage a proceeding under section 144 of the code of criminal procedure was drawn up by the sub divisional magistrate and both the parties were restrained from entering upon the property.
he did number set out companyplete facts in his application high companyrt mainly relied upon the fact of delivery of the movable articles found in the property by the authority companycerned to the parties in pursuance of the final direction issued in the proceeding under section 144 of the companye of criminal procedure and prayed for dispossession of the appellants from the house.
criminal appellate jurisdiction criminal appeal number.
jurisdiction case number 3064/91 r crl.
rani jethmalani for the respondents.
heard the learned companynsel for the parties.
p. khata for ms.
the appellants and their father filed a suit for eviction impleading respondent number 4 as a party which was decreed.
the dispute in the case relates to a residential house which admittedly belongs to the family of the appellants and was in possession of respondent number 4 as a tenant.
some further facts have been stated by the appellants in their special leave petition in this regard which do number appear to be relevant at the present stage and it is sufficient to mention that a criminal revision petition by respondent number 4 directed against the sub divisional magistrates order was dismissed by the high companyrt.
number 1263 of 1991.
the judgment of the companyrt was delivered by sharma cj.
n. sinha for the appellants b singh and ms.
