Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 12433 of 2005 Petitioner :- Roop Singh & Others Respondent :- State Of U.P. & Another Counsel for Petitioner :- V.S. Parmar Counsel for Respondent :- Govt. Advocate,Brijesh Kumar Shukla
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the petitioners and learned AGA, and perused the record. None is present on behalf of opposite party No.2 Jagat Pal Singh.
This writ petition has been preferred by Roop Singh, Babboo Singh,Kallan Singh and Kushal Singh challenging order dated 10.6.2005 passed by Sub Divisional Magistrate, Hamirpur in Case No. 4 of 2005 (Jagat Pal Singh vs. Babboo Singh & others) under Section 145 Cr.P.C., Police Station Sumerpur, District Hamirpur whereby crop on property in dispute situated on Aaraji No. 405 was released in favour of respondent no.2 Jagat Pal Singh and crop on Gata Nos. 302, 309-Ka was released in favour of Babboo Singh & others and 8.11.2005 passed by Additional Sessions Judge, Court No.4, Hamirpur in Criminal Revision No. 119/05 (Sri Roop Singh & others vs. Sri Jagat Pal Singh & others) dismissing the revision.
Sri Kaushlesh Prasad Tiwari, learned Brief Holder submitted that on the property in dispute one suit was filed for specific performance and that was decreed and the property was transferred in favour of Jagat Pal Singh.
It is settled law that on the point of title, competent Court has power to decide the suit.
Both the Courts have given concurrent finding and view taken by both the Courts is plausible view. Hence no interference is called for in the impugned orders in this petition..
The writ petition is dismissed.
It is made clear that if any suit is pending between the parties about the property in dispute, this order shall not affect in deciding the same by the competent Court.
Order Date :- 17.9.2018 P.P.