JUDGMENT 1. This case arises out of certain proceedings taken by the Magistrate of Dacca after decision of a case under sec. 145, Cr. P. C. In August 1908 the Deputy Magistrate, Babu G. C. Banerjee, declared the first and the third parties to those proceedings to be in possession of the disputed property and forbade all disturbance of their possession. Subsequently possession is said to have been given by the Police by planting bamboos. Difficulties however still existed and we are told that in consequence Babu G. C. Banerjee held a local enquiry and thereafter again put the first and third parties in possession. Thereupon the second party complained that the properly of which possession. had been delivered was not identical with the property that was the subject of the proceedings. Further enquiry was made but meanwhile the third part)' obtained this rule on the District Magistrate and on the Opposite Party to show cause why the order of the Additional District Magistrate directing demarcation of the land should not be set aside. It appears to us that all the proceedings after the decision of the case by Babu G. C. Banerjee are ultra vires. There is no specific provision in the Code authorising a Magistrate to take proceedings in the nature of execution after passing orders under sec. 145, Apparently disobedience to such orders can be dealt with by prosecution under sec. 188, I. P. C. [See the case of Goluck Chandra Pal v. Kali Charan De ILR 13 Cal. 175 (1886)]. But it is doubtful whether they could be otherwise enforced. Form 22, Sch. V, Cr. P. C. shows how a formal order declaring possession and forbidding disturbance is to be drawn up and it contains no such clause as we find in the orders on the records of this case directing the Police or any other officer to deliver possession to any of the parties. It appears to us there-fore that the proper order to pass in this case is to set aside all the proceedings of the Magistrate subsequent to the 28th of August 1908. A formal order embodying the decision of Babu G. C. Banerjee, Deputy Magistrate, may be drawn up in Form No. 22, but that form must be strictly adhered to and the description of the property should follow the description given in the proceedings. A formal order embodying the decision of Babu G. C. Banerjee, Deputy Magistrate, may be drawn up in Form No. 22, but that form must be strictly adhered to and the description of the property should follow the description given in the proceedings. If after that any person disobeys the order under sec. 145, he will be liable to prosecution under sec. 188, I. P. C. But it will be for the Court dealing with the case to determine whether or not he has actually disobeyed that order. The rule is made absolute in these terms.