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2003 DIGILAW 541 (ORI)

Somanath Sahani v. Chhaya Sahani

2003-08-29

PRADIP MOHANTY

body2003
JUDGMENT PRADIP MOHANTY, J. — This revision is directed against the order dated 5.7.2003 passed by the Executive Magistrate, Bhanja¬nagar in M.C. No. 162 of 2001, a proceeding under Section 145 Cr.P.C., on the petition filed under Section 146 Cr.P.C. direct¬ing attachment of the disputed lands and appointing Revenue Inspector, Mottabadi as the custodian. The petitioner, in this revision, has also impugned the order dated 7.7.2003 of the Executive Magistrate refusing to revoke the order dated 5.7.2003. 2. The petitioner-second party member is the father of opp. parties 2 to 5 and husband of opp. party No. 6 — the other second party member. The opp. party No. 1 who is the first party member, claims to be the second wife of the present petitioner, which is disputed by the second party members. During the penden¬cy of the proceeding, at the instance of the first party member, the learned Executive Magistrate passed the impugned orders of attachment and appointed the Revenue Inspector, Mottabadi as the custodian of the disputed lands. Though learned counsel for the parties raised rival contentions with regard to maintainability of the very proceeding under Section 145 Cr.P.C. in respect of the disputed land on several grounds, there is little scope in this revision to entertain such contentions. The scope of this revision is limited to the examination of the legality of the impugned orders. Such being the position, the only difference appears between the parties, is appointment of Revenue Inspector, Mottabadi, as the interim custodian. In fact, the counsel for both sides contend that one of the parties to the proceeding ought to have been appointed as custodian. 3. In view of the nature of the dispute and alleged rela¬tionship between the parties, it is not found proper to delve into the technical contentions with regard to the merits of the revision. Section 145 Cr.P.C. provides for interim orders of urgent nature for preservation of peace. It is also important to see that the multiplicity of litigations is discouraged. Keeping in view the above, this Court by way of interim measure finds it just to appoint the petitioner (second party member) as custodian of the disputed lands on the following conditions : (i) The petitioner shall deposit Rs. 10,000/- (ten thousand) on two equal instalments by last week of December, 2003 before the Executive Magistrate, Bhanjanagar in M.C. No. 162 of 2001. 10,000/- (ten thousand) on two equal instalments by last week of December, 2003 before the Executive Magistrate, Bhanjanagar in M.C. No. 162 of 2001. On deposit of the first instalment of Rs. 5000/- (five thousand) by 10th of September 2003, he shall cultivate the disputed lands; (ii) He shall go on furnishing the accounts of the disputed land in each year before the Executive Magistrate till disposal of the aforesaid misc. case No. 162 of 2001. (iii) The aforesaid arrangement shall continue till disposal of the aforesaid misc. case or otherwise as directed by the Court. With the above modification of the impugned orders, the revision is disposed of. Revision disposed of.