- (1.) By way of this petition filed under Section 482, Code of Criminal Procedure, Kulwinder Kaur and Gurnam Singh (petitioners) have challenged order dated 16.12.2009 (Annexure P-8), passed by learned Additional Sessions Judge, Hoshiarpur, who dismissed the criminal revision petition filed by the petitioners against order dated 27.2.2009 (Annexure P-7), whereby the learned Sub Divisional Magistrate-cum-Executive Magistrate, Hoshiarpur, had directed the petitioners to remove the obstruction within 30 days from the date of passing of the order.
(2.) The brief facts of the case are that Mohinder Singh (respondent No.2) filed an application under Section 133, Code of Criminal Procedure, on the broad allegations that he and his brothers Amrik Singh and Gulzar Singh were joint owners of the land situated in Revenue Estate of Village Ajjowal, Tehsil and District Hoshiarpur. It was alleged that during the course of partition proceedings conducted by the Assistant Collector Ist Grade, Hoshiarpur, Khasra No.24//14 was bifurcated and a passage was carved out and was allotted a separate Khasra No.17/1. The right to said passage was provided to all the parties.
(3.) It was further alleged that Amrik Singh and Gulzar Singh, brothers of aforesaid Mohinder Singh, had sold land to Kulwinder Kaur and Gurnam Singh, vide sale deed dated 12.6.2006 and they started construction in their land and stacked bricks in the passage in dispute. They had also erected two tents on the passage and, therefore, obstruction was caused.;