Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Procedure Code (V of 1898) S. 145-Revision (criminal) -- Dispute as to possession of immovable property---Attachment, validity of-Civil appeal between parties still pending and in case of decree being confirmed in favour of opposite-party only then they being entitled to joint possession of land in dispute through execution proceedings ---- Presently petitioners in possession of land in dispute as shown by Police application itself---Order of attachment in respect of such property, as passed by lower Courts set aside in, circumstances.-[Attachment-- Dispute as to possession of immovable property). Date of institution:11th February, 1981.                                                                                                                     ORDER This revision is directed against order dated 7th February 1981 passed by the Sessions Judge, Rawalakote against order dated 5thJune, 1980 passed by the Magistrate Ist Class Kahutta. By the impugned order of the Magistrate, the land in dispute was attached against which a revision was filed in the Court of Sessions Judge, Rawalakote, which was dismissed by the learned Sessions Judge. For the land in dispute one Mst. Shahmali has a decree in her favour and that apparently may be of joint possession. It was reported by the police that possession of the land in dispute was delivered to Mst. Shahmali, the decree-holder by the Patwari and afterwards the possession of the same was re-taken by the petitioners. And so proceedings under sections 107/145 and 150, Cr. P. C. were taken by the police and two of the parties i.e. the petitioners and Shah Muhammad and his associates were brought before the Court under the above-noted sections and it was prayed that during the pendency of the proceedings, the land in dispute should be…