MANABENDRA NATH ROY, J. - (1.) THIS application is directed against the proceeding under Section 145 bearing M.P. Case No. 1473 of 1988 and order dated 26 -12 -88 for attachment, restraining both the parties from entering into the disputed property and appointment of Receiver.
(2.) OPPOSITE Party No.1 has filed a suit bearing Title Suit No. 88 of 1988 of the 1st Court of the learned Munsif at Basirhat for declaration of title, confirmation of joint -possession in respect of the disputed properties, against the petitioners. The petitioners have duly entered into the appearance in the said suit. As per order passed by the learned Munsif in the suit, the parties have been directed to maintain the status quo in respect of the suit property till disposal of the suit on consent. The Opposite Party No.1 inspite of the said order of maintenance of the status -quo having been passed by the Civil Court, has moved an application under Section 144 of the Criminal Procedure Code in the Court of the learned Executive Magistrate at Basirbat against the petitioners in respect of the said properties suppressing the fact of the order passed by the Civil Court for maintenance of the status -quo by the parties. The learned Magistrate without being informed by the Opposite Party No.1 about the Pendency of the Civil Suit; converted said proceeding into a proceeding under section 145 of the Criminal Procedure Code ex parte and attached the suit property which has been in possession of the petitioners under Section 145 of the Criminal Procedure Code and appointed the J.L.R.O., Basirhat -I as receiver.
(3.) BEING aggrieved by the initiation of the aforesaid proceeding and order passed by the learned Magistrate, the present application has been filed;