M.B.SHAH - (1.) The petitioners had filed this Miscellaneous Application for quashing and setting aside the order passed by the Additional Executive Magistrate on 13-5-83 under sec. 146 of the Criminal Procedure Code attaching the disputed property.
(2.) It is the say of the petitioners that respondent No. made an application on 13/05/1983 to the Executive Magistrate Surat under sec. 145 of the Criminal Procedure Code stating that the dispute between the petitioners and the respondent was likely 10 cause breach of peace and therefore he had issued notices to both the parties to remain present before him for making written submissions on 23-5-83.
(3.) Before filing of this application the petitioners have admitted in paragraph 6 of the petition that they have preferred one Misc. Criminal Application No. 1143 of 1983 before the Honble Court under sec. 482 of the Code for quashing and setting aside the order passed by the Executive Magistrate under sec. 145 and under sec. 146 of the Code. The order passed under sec. 145 was marriage as Annexure A and order under sec. 146 was marked as Annexure B. The said matter came up for hearing before D. H. Shukla J. on 14/06/1983 and the Court has passed the order in the following terms: "Heard Mr. M. C. Kapadia advocate for the petitioners. On perusal of the papers and in view of the fact that the impugned order is a notice to show cause I do not consider it fit to interfere with the order at this stage. Hence rejected".;