- (1.)Once this is an admitted fact, then the learned Additional City Sessions, Judge ought to have taken into consideration that this petitioner was in possession of the said hut and therefore, no order under Section 146 of the Code was required to be passed with regard to the attachment of hut. Under Section 146 of the Code, Court can pass the order for attachment of the propperty when the Executive Magistrate arrives at the conclusion that because of emergency or that none of the parties was in possession of the disputed property or that he was unable to satisfy himself as to which of them was in possession of the disputed property he can attach the disputed property until the competent court has determined the rights of the parties thereto.
(2.)In this case, even though the City Civil Court had passed an interim order yet during that interim period the City Civil Court had 'determined one fact that the petitioner was entitled to retain possession of the disputed hut till the suit was decided. Once the Civil Court which is a competent court to determine the rights of the parties has passed an appropriate order, then the Executive Magistrate would not have any jurisdiction to pass contrary order under Section 146 of the Criminal Procedure Code.
Revision partly allowed.