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Ravikant Soni (LAWYER IN JAIPUR)     07 August 2010

need urgent help sec 145crpc and 151 cpc

This is a case where i got status quo in favor of plaintiff not to disposes him from demised house.But the landlord despite of status quo filed a petition under sec 145 CrPC in the court of executive magistrate. The executive magistrate passed order to attach said property in question with quick effect. And put receiver on it. In execution of the order of exe. magistrate SHO thrown out my client from house and sealed the same.

Now i moved an application in Civil court who passed status quo in favor of my client under sec151 to maintain the status quo and resume the possession. 

I need apex court rullings that Civil court order prevail on criminal courts and u/s 151 civil court may pass order to maintain the status when passed status quo and to order receiver to return the possession to my client.

plz reply soon



Learning

 12 Replies

H. S. Thukral (Lawyer)     07 August 2010

You can refer 

Ram Sumer Puri Mahant v State of UP

AIR 1985 SC 472

1 Like

H. S. Thukral (Lawyer)     07 August 2010

You can refer 

Ram Sumer Puri Mahant v State of UP

AIR 1985 SC 472

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     07 August 2010

Yes, Mr. Thukral has cited the appropriate ruling.

Arvind Singh Chauhan (advocate)     08 August 2010

146-Initiating of proceeding during pendency of civil suit in respect of same property, and injunction order is still in operation restraining respondent from interference- But on the basis of police report stay order was passed to attachment and receiver was appointed- Held contrary to order passed by civil court-Set aside-A.C.C. 2005-Vol-52-All. H.C. 452.

Ravikant Soni (LAWYER IN JAIPUR)     08 August 2010

Thanks Mr. Thukral and Mr Arvind.

Mr. Arvint plz provide me full text of judgement. And more...

My problem in that weather a civil court may pass order receiver to return possession to my client u/s 151 of CPC???

Arvind Singh Chauhan (advocate)     08 August 2010

Soni Sir,

             I have tried much to search this judgment in net, but failed. It has been published in Allahabd Criminal Cases -2005- Vol-5 on page- 452, As

Bulaki V/S State Of U.P. decided on 14 March 2005.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 August 2010

Your case will not come under sec.144 of CPC. But you can file petition under section 151 CPC, alleging the proceeding of executive magistrate as illegal and seek restoration of possession.

Jamaluddin vs Mirza Quader Baig (Tenant) And Anr. on 25/11/1994   https://indiankanoon.org/doc/856954/

it was held that for restoration of possession to the tenant, who was dispossessed by the landlord from the suit premises forcibly in violation of the orders of interim injunction, there is no necessity of filing a petition under Section 144 of CPC. The Court can restore possession in exercise of its inherent powers under Section 151 of CPC.

Ravikant Soni (LAWYER IN JAIPUR)     09 August 2010

So nice of you Mr ramesh but your suggestion does not resolve my problem.

In my case the executive magistrate attached the suit premises under section 145, 146 of Criminal procedure code despite of interim injunction order of Civil court.

I want to know weather Civil court quash the order of executive magistrate and order to restore the possession? Is it covered by inherent power u/s 151 cpc??

May please all the legal dignities help me....

H. S. Thukral (Lawyer)     10 August 2010

File a writ in HC under Art.  226/227.

pravir singh (advocate)     31 August 2010

Mr. Thukral rightly suggest you. you should file writ for to quashing the 146 order there is a lot of rullings available on this point if civil suit is panding 145 cr.p.c. is not maintaible.

N.K.Assumi (Advocate)     07 June 2012

The executive Magistrate can passed order  under 145 CrPc even in the face of injunction order passed by the Civil court, if there is apprehension of breach of peace. Thus initiation of proceedings under 145 CrPc the essential requirement is likelihood of breach of Peace, otherwise in the face of status quo order passed by civil or Revenue Court should not be duplicated by the Magistrate in exercise of his power under 145 CrPc. If he does, it should be challenge to quash it.


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