Law:

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Criminal Procedure Code (V of 1898), Ss. 145 & 146-Dispute concerning immovable property between S & F-Suit in respect of property pending and injunction already issued by civil Court not to disturb possession of F pending decision of suit--S initiating proceeding under S. 145 in respect of property and managing to get property attached by Magistrate-On F producing certified copy of order of injunction passed by civil Court, Magistrate vacating order of attachment and directing possession to be delivered to F-Order of Magistrate held, quite valid-Magistrate withdraw­ing order of attachment under S. 146(1) could order restoration of property to person from whose possession it was taken. Shah Muhammad v. Haq Nawaz and another P L D 1970 S C 470 and Abdul Gani Bepari v. Sahed Ali Majhi and others P L D 1970 Dacca 246 ref. Ch. Muhammad Anwar Buttar, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate-on-Record for Appellants. Syed Jamil Hussain Rizvi, Senior Advocate Supreme Court instructed by Mushtaq Ahmad, Advocate-on-Record for Respondent No. 1. Muhammad Abdullah Bajwa, Advocate Supreme Court instructed by Ijaz Ali, Advocate- on-Record for the State. Date of hearing : 7th May 1971. JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the High Court of West Pakistan, Lahore, in Criminal Revision No. 954 of 1965, dated the 7th July 1966. By this order the revision petition was dismissed. The dispute between the parties is in respect of agricultural land measuring 875 kanals, situated in village Bagga, Police Station Mandi Bahauddin, District Gujrat. In 1939, one Muhammad Ali died issueless. Mst. Fatima, the respondent his widow, succeeded to his estate under Customary Law. In 1962, West Pakistan Muslim Law (Shariat) Application (Amendments) Act V of 1962, came into force. The appellants who are the rever­sioners of deceased Muhammad Ali claimed shares in the estate of Muhammad Ali under the Muhammadan Law. By mutation No. 791, 1/4th share was given to Mst. Fatima and 3/4th share in the property was given to the appellants. Thereupon, the appellants threatened to take forcibly possession of the land and…

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