SHEO MATH SINGH Vs. KANTI DEVI
LAWS(ALL)-1993-2-42
HIGH COURT OF ALLAHABAD
Decided on February 18,1993

SHEO MATH SINGH Appellant
VERSUS
KANTI DEVI Respondents

JUDGEMENT

- (1.) P. P. Gupta, J. By this petition the petitioner, Sheo Nath Singh, has prayed for quashing the order dated 19-3-1988 passed by the S. D. M. , Bilhaur, District Kanpur Dehat (Annexure '2'), order dated 7-10-1988 passed by the S. D. M. , Bilhaur, District Kanpur Dehat (Annexure '4') and the order dated 16-2-1989 passed by the Sessions Judge, Kanpur Dehat (Annexure '5' ).
(2.) THE brief facts giving rise to this petition are that one Nanhey execu ted a sale deed on 17-12-1986 in favour of the petitioner in respect of the land in dispute. Subsequently on 12-5-1987 the same Nanhey executed another sale-deed in favour of Smt. Kanti Devi respondent No. 2, in respect of the same plot. Nanhey and Smt. Kanti Devi filed a Civil Suit No, 334 of 1987 in the Court of Munsif Dehat, Kanpur for cancellation of the sale deed dated 17-12-1986 in favour of the petitioner. In that suit, pending decision, parties were directed to maintain status quo in respect of the disputed land. On a police report dated 10-2-1988 (Annexure T) the learned S. D. M. , Bilhaur, passed an order under Section 145, Cr. P. C. (hereinafter referred to as the Code) on 19-3-1988 directing the parties to put in their appearance and to file written statement regarding their respective possession of the disputed land. After having come to know these proceedings the petitioner moved an application on 7-10-1988 before the learned Magistrate praying for some time to file objections. Despite that application the learned Magistrate passed an order under Section 146 (1) of the Code directing attachment of th? disputed laud.
(3.) FEELING aggrieved from this order of the learned Magistrate the petitio ner preferred a revision before the Sessions Judge, who dismissed the revision as not maintainable by his order dated 16-2-1989. Feeling aggrieved from this order, the petitioner has filed the present writ petition.;


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