Short Note : The point for consideration that was raised before the Court was whether a successful party under proceedings under section 145 of the Code of Criminal Procedure can be restrained by way of a temporary injunction in a Civil suit instituted by the unsuccessful party in those proceedings. It is well settled that an order passed in a summary proceeding is always subject to the result of the suit which may be filed by the aggrieved party for the recognition of his title. In such cases it is difficult to hold that the powers of the Civil Court are in any manner fettered by an order passed by the Magistrate under section 145 of the Code of Criminal Procedure. But at the same time the Civil Court has to exercise its discretion under Order 39, rule 1 of the Code of Civil Procedure with circumspection looking to the facts and circumstances of the case. The distinction that has to be drawn in such cases is whether the party was found in actual physical possession of the suit property by the Magistrate in his order or was deemed to be in physical possession thereof. In the earlier situation there would be no occasion for grant of a temporary injunction but in the latter the question does arise. In the opinion of this Court, where the Magistrate directs under section 145(6) of the Code of Criminal Procedure that the party dispossessed within two months next before the date of the preliminary order be restored to possession, the Civil Court would be competent to grant a temporary injunction if the circumstances justify. Ramsingh v. Hardayal and others, 1972 JLJ SN 104, Narainsingh and another v. Bharatsingh and others, 1974 JLJ SN 100, relied on. Shri Bai v. Bhanwarsingh, 1974 MPLJ SN 82, distinguished. Appeal dismissed.