powers of SDM after status-quo by HC
Querist :
Anonymous
(Querist) 18 April 2010
This query is : Resolved
Notice u/s 145 Cr.P.C. was issued in October by SDM in respect of a residential property. HC subsequently issued a status quo order. Can the SDM ignore the HC order to alter the status of possession of a property bequeathed exclusively to Complainant in the proceedings u/s 145 Cr.P.C. by the deceased owner-testator ?
Probate proceedings are already on before High Court in respect of the registered Will since April. The beneficiary of such property was pushed out by force and under threats to his life .
After making several complaints to the local police, an FIR was registered in September when the goons/tresspassers were arrested. The beneficiary of this property immediately reoccupied this property as the tresspassers were booked, whereafter, the Beneficiary has been living in the said property peacefully for more than a year, now. Proceedings u/s 145 were initiated after the beneficiary reoccupied the property.
Raj Kumar Makkad
(Expert) 19 April 2010
It shall be better to bring all the facts before HC and initiate proceeding under contempt of court against SDM and all relevant persons. SDM has abused his pwoers in the given query
Querist :
Anonymous
(Querist) 19 April 2010
Order u/s 145(1) is yet to be passed;
The objectors in the Probate proceedings are also praying for sealing of the bequeathed property, though being in peaceful possession since over an year and a half, after re-occupying after booking of the tress-passers, engaged by the objectors !
