B. R. ARORA, J. - (1.) THIS Misc. petition has been filed against the order dated 4th Oct. 1990 passed by the Addl. Distt. "magistrate, (City) Bikaner by which the learned Distt. Magistrate (City) Bikaner attached the property in question and directed the S. H. O. P. S. , Gangashahar to attach the property and take the possession of the property in question as a Receiver. The learned counsel for the petitioner has placed on record the copy of the compromise arrived at between Shri Rameshwar Lal and Shri Bulaki Ram i. e, party No. l and party No 2. Learned counsel for the petitioner has further submitted that this compromise was submitted before the Addl. Distt. Magistrate (City) Bikaner on 4th Oct. 90 at inspite of that the learned Magistrate passed the order for the attachment of the property. He has further submitted that though this application for placing the compromise on record was submitted on 4th Oct. 90 but the learned Magistrate has take in on record on 5th Oct. 90.
(2.) LEARNED counsel for the respondent No. 1 does not controvert the submissions made by the counsel for the petitioner rather he is in agreement with the submissions made by the petitioner. He has also submitted that the matter was compromised between the parties and the compromise was filed in the Court before the Addl. Distt. Magistrate (City) Bikaner on 4/10/90 and that too before the passing of the order. I have also looked into the order sheet dated 5th Oct. 90 passed by the Addl. District Magistrate (City), Bikaner wherein it has been recorded that Shri Rameshwar Lal and Shri Bulaki Ram filed an application which may be taken on record and the case may be put up for further proceedings on 10th Oct. 90 As the natter has already been compromised between the parties and the parties No. l and 2 both are in agreement that there is no apprehension of breach of peace. In such circumstances the order u/sec. 145 (1) Cr. P. C. should not have been passed but any how as the learned lower Court has fixed the case for further proceedings on 10th Oct. 90, it is expected that the learned Addl. Distt. magistrate (City) Bikaner will consider the compromise and the application filed by both the parties and will pass the appropriate order on that very day. It is expected that matter will not be unusually delayed by the learned trial Court. As the matter is still pending before the learned Addl. Distt. Magistrate (City) Bikaner, it will not be proper to pass any order by this Court. The Misc. petition stands disposed-of with the aforesaid observations. .;