Gopal Krishan Vyas, J. - (1.) THIS revision petition has been filed by the Petitioners, in which, the Petitioners have challenged order dated 13.09.2006 passed by the Addl. Sessions Judge, Parbatsar in Criminal Revision Petition No. 17 -A/2000 and prayed that order passed by the Assistant Collector -cum Executive Magistrate, Makrana dated 10.12.1999 may be restored and possession as ordered by the Assistant Collector -cum -Executive Magistrate, Makrana may be ordered to be given to the Petitioners.
(2.) IT is admitted position of the case that a criminal miscellaneous petition under Section 482, Code of Criminal Procedure has been filed by the private Respondents against the same order and prayed that order passed by the Addl. Sessions Judge, Parbatsar dated 13.09.2009 may be quashed to the extent of appointing receiver for the disputed land. Said criminal miscellaneous petition has been registered as S.B. Cr. Misc. Petition No. 1295/2006. Learned Counsel for the Petitioners submits that order passed by the Addl. Sessions Judge, Parbatsar is totally without application of mind and without giving any finding that the learned Executive Magistrate has committed any illegality while passing order dated 10.12.1999. It is also submitted that the revisional Court has not appreciated the adjudication made by Hon'ble Supreme Court and passed the order in very casual manner on the ground that in the suit filed by the Petitioners before the Civil Judge (Sr. Dn.), Parbatsar the application for temporary injunction has been rejected.
(3.) LEARNED Counsel for the Petitioners invited my attention towards judgments of Supreme Court, reported in, AIR 1959 SC 690 :, 1989 C.L.R. (SC) 637 and two judgments of this Court, reported in, 1985 CL.R. (Raj) 424 :, 1970 RLW 410 and submits that even if the civil suit is pending the Executive Magistrate can pass order under Section 145/146, Code of Criminal Procedure for handing over possession if evidence is produced by the claimants, therefore, the order passed by the revisional Court deserves to be quashed.;