S.D. Bajaj, J. - (1.) Petitioners 1 to 3 as also respondents I and 2 are five sons of a rich father; who owned huge properties. Through a memorandum of partial partition, allegedly made by their father on April 1, 1971, the real owner gave the land, in dispute, to the three petitioners. On its basis, the three, petitioners obtained civil Court decree dated April 4, 1985 in Civil Suit No. 17 (sic) of 1985 filed by them against their father Shri Chanan Mal.
(2.) The two respondents, in turn, filed Civil Suit No. 431 of 1985 against the three petitioners on July 29, 1985, for declaration that the decree dated April 4, 1985 aforesaid was null and void and in-effective against their rights in the land, in dispute; that they continued to be owners in possession of the land in suit along with their father and the three petitioners in spite of the document of partial partition and the decree, and that the three petitioners should not exclude them from their possession over the disputed land. The ad-interim order passed therein by this Court in exercise of the revisional jurisdiction in Criminal Revision No. 240 of 1988 after modification was of maintenance of status quo regarding possession of the parties over the land in dispute.
(3.) In spite of it, the two respondents got 145 Code Criminal Procedure criminal proceedings initiated in respect of the land in suit by Ding Police in the Court of the learned Executive Magistrate, Sirsa, wherein learned trial Court made the order dated June 23, 1988 attaching the property and appointed Tehsildar, Sirsa, as Superdar. Operation of the aforesaid order of the learned trial Court was, however, stayed by my learned brother J.S. Sekhon, J., on July 12, 1988, at the time of motion hearing of Criminal Misc. No. 4413-M of 1988. Subsequently, the respondents have filed Criminal Misc. No. 7372 of 1988 for vacation of the stay order. Therein my learned brother Harbans Singh Rai, J., on Nov. 29, 1988, ordered that it should be heard along with the main petition.;