- (1.) AN application was moved by the opposite party Smt. Avadhraji before the Sub-Divisional Magistrate, Bikapur in the district of Faizabad purporting to be one under Section 145, Cr. P. C. in respect of plot No. 268. The learned Magistrate being satisfied about the apprehension of breach of the peace passed a preliminary order on 28-4-1987. He subsequently passed an order under Section 146 (1), ordering the property to be attached on 13-10-1987.
(2.) A revision was filed against this order in the Court of Sessions Judge, Faizabad by the present applicant. The learned Sessions Judge rejected the petition on the ground that no revision was maintainable. The revision was dismissed on 9-6-1988. The present petition has now been filed against the initiation of proceedings under Section 145, Cr. P. C. mainly on the ground that in respect of same land a dispute is a pending between the applicant and Jagunu deceased in Second Appeal No. 510 of 1992. It appears that a suit was filed by the present applicant for cancellation of a sale deed alleged to have been executed by Jagunu in favour of Bhagwati Prasad. This suit also sought a relief of permanent injunction to restrain the defendants from interfering with the plaintiff possession of the property. The property included the land constitut ing plot No. 268. This suit was dismissed and an appeal was filed before the District Judge, Firozabad. The Additional District Judge, Faizabad allowed the appeal in part and ordered cancellation of the sale deed to the extent of half share in the property. He also granted permanent injunction restraining the defendants from interfering with the possession of the plaintiff to the extent of his share. It appears that an appeal against this judgment was filed by Jagunu and is still pending in this Court.
(3.) THE opposite party in this case claims to be a legatee from Jagunu, saying that a Will has been executed by Jagunu who has since died. It is thus clear that Smt. Avadhraji, the opposite party is a successor-in-interest of Jagunu who was a party to the suit which is pending in second appeal before this court.;