MENABEN Vs. SHANTABEN BABARBHAI
HIGH COURT OF GUJARAT
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D.H.SHUKLA, J. -
(1.) The petitioner Menaben widow of Sohansingh had filed on application under Section 145 of the new Code of Criminal Procedure (hereinafter referred to as the Code) before the Executive Magistrate Ahmedabad (bearing the Chapter case No. II 32/81) praying for an order for the recovery of the premises consisting of a room bearing No. 39/B situated near Charbhuja Restaurant Opposite Central Bank Kohkhara Mahemdabad Amraiwadi (hereinafter referred to as the disputed premises) from the respondent No. 1 Shantaben Babarbhai who had allegedly forcibly and wrongfully deprived her of their possession. The Executive Magistrate by his order dated 4 allowed the application declaring that the disputed premises were in the possession of the petitioner.
(2.) Having been aggrieved by the aforesaid order of the Executive Magistrate the respondent No. 1 preferred Criminal Revision Application No. 272 of 1982 in the Court of the City Session Judge at Ahmedabad which was allowed by the learned Additional City Session Judge (Court No. 2) by his judgment and order dated 6-1-1983 whereby he set aside the order passed by the Executive Magistrate.
(3.) Having been aggrieved by the revision order of the Additional City Sessions Judge the petitioner (original complainant) has preferred this Special Criminal Application under Article 227 of the Constitution of India.;
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