C VIJAYAMMA Vs. PADMANABHAN VASUDEVAN
HIGH COURT OF KERALA
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(1.) THE petitioner who is B-party in a proceeding initiated under Section 145 of the Cr. P. C. , 1973, seeks to revise the order of the Court of Session allowing the revision petition filed by A-party and referring the question of possession of the property in dispute to the Munsiff for a finding thereon.
(2.) ON the basis of a report received from the Sub-Inspector of Police, Kariramkulam, and being satisfied that a dispute likely to cause breach of peace existed between A and B parties concerning the possession of 43$ cents of land with a building thereon comprised in Sy. Nos. 149/6a and 149/6b in Karimkulam village, the Sub-Divisional Magistrate, Trivandrum, started proceedings under Section 145 of the Cr. P. C. and passed a preliminary order. Considering the case to be one of emergency, the Sub-Divisional Magistrate attached the property with the building thereon. Thereafter both parties adduced evidence in support of their respective contentions and the Sub-Divisional Magistrate stating that "this is not the proper forum to adjudicate the disputed possession over an extent of 3l| cents of land in Sy. No. 149/6a and 149/6b of Karinv kulam village" stayed further proceedings and the case was "transferred to the Munsiff's Court" for decision along with a case already pending there,
(3.) THIS order was challenged by A-party in Crl. R. P. No. 34/76 before the Court of Session, Trivandrum. The learned Sessions Judge found fault with the Sub-Divisional Magistrate for having referred only the dispute regarding a portion of the property to the Munsiff and modified his order and referred the dispute regarding the entire property and the building thereon to the Munsiff for a finding regarding the possession.;
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